UNITED INDIA INSURANCE CO. Vs. SANDEEP KUMAR GUPTA

JUDGEMENT

(1.) THIS appeal has been preferred by the insurer aggrieved by the award which is dated 11-4-1997 passed by the Motor Accident Claims Tribunal, Khandwa in Claim Case No. 7/91.

(2.) SHRI Sandeep Kumar Gupta, the owner of tanker preferred a claim petition under Section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act') before the Motor Accident Claims Tribunal, Khandwa submitting that tanker No. MKF 1329 met with an accident with the truck going ahead. The driver of the truck applied the brake all of a sudden and due to that, the tanker dashed with the truck. A report of the accident was lodged at Police Station Mogaht Road, Khandwa. Compensation of Rs. 44,882/- was claimed on account of the damage to the tanker.

(3.) SHRI Sanjay Agrawal, learned counsel appearing on behalf of the insurer has submitted that an application under Section 166 of the Act can be preferred with respect to the Claims mentioned in Section 165(1) of the Act. It is submitted that under Section 165, claim petition can be filed for claiming compensation in cases of accidents involving the death of, or bodily injury to persons arising out of the use of motor vehicles, or damages to any property of a third party so arising, or both. In the instant case, claim is made by the owner against insurer of oil tanker. The claim of the property is confined to the property of a third party. Thus, claim petition was not maintainable at the instance of the owner of tanker against insurer of the tanker before the Motor Accident Claims Tribunal. The remedy was to file a civil suit.