MAGMA Vs. VEER SINGH

JUDGEMENT

(1.) The present Civil Revision under section 115 of the Code of Civil Procedure has been preferred by the petitioner/Insurance Company being aggrieved by the order dated 3rd December, 2014 passed by the Additional Motor Accident Claims Tribunal, Lahar, District-Behind is Claim Case No. 18/2014 whereby, the preliminary issue framed in respect of maintainability of the claim application has been decided against the petitioner/Insurance Company and treated the claim TAC/37 application to be maintainable before the Motor Accident Claims Tribunal (for brevity "Tribunal") under Section 163-A of the Motor Vehicles Act, 1988 (for brevity "1988 Act").

(2.) The respondent/claimant has preferred the claim application on the basis of an accident occurred on 21st December, 2013 causing hurt to the claimant. It is submitted that at the time of accident, the claimant was driving the vehicle in question (tractor) bearing Registration No. MP 30 AA 5952 form Achalpura to Bhind and due to accident of the said tractor, injury was caused to the claimant. The said tractor was of the ownership of the claimant.

(3.) After filing of the claim application, the Insurance Company caused its appearance and raised the issue as regards maintainability of the claim application preferred by the respondent/claimant. According to the Insurance Company, the claim application was not maintainable under Section 163-A of the 1988 Act, because the insured was the owner as well as driver of the vehicle in question, therefore, as per the language and import of Section 163-A of the 1988 Act, the claim application at the instance of the respondent/claimant/owner (as driver of the vehicle) is not maintainable.