NATIONAL INSURANCE CO. LTD. Vs. RITA GOYAL

JUDGEMENT

(1.) The present appeal has been filed by the Insurance Company, challenging the impugned Award dated 5.8.2011, passed by the learned Motor Accident Claims Tribunal, Fast Track Court, Amritsar, (in short 'the Tribunal') vide which, a sum of Rs. 14,70,000/- has been awarded to the claimants and the appellant being the insurer alongwith the driver and the owner of the offending vehicle has been held liable. Learned counsel for the appellant -Insurance Company contended that the award is against the provisions of the Motor Vehicles Act (for short 'the Act'). As per the provision of the Act, in M.A.C.T. cases there are three necessary parties i.e. claimant, insured and the insurer. In the instant case, the deceased has stepped into the shoes of the owner. Thus, the deceased cannot be termed as a third party for the purpose of awarding the compensation under the Act.

(2.) Learned counsel further contended that the findings returned by the learned Tribunal are on incorrect appreciation of the law enunciated by the Hon'ble Supreme Court in Ningamma & another v. United India Insurance Co. Ltd., 2009 3 RCR(Civ) 435. Thus, the learned counsel argued that as the claim petition was filed under Section 163A of the Act, it is primarily the liability of the owner to indemnify the claim.

(3.) On the other hand, the learned counsel appearing for respondent Nos. 1 to 3 refers to the statement of RW3, Harwinder Singh Narang, Senior Assistant, National Insurance Company and states that L.Rs. of the deceased are entitled to get claim from the appellant.