MANAGER Vs. ICICI LOMBARD GENERAL INS. CO. LTD

JUDGEMENT

(1.) THIS appeal is directed against the judgment and award dated 15.12.2012 passed by Motor Accident Claimant Tribunal (I), Jodhpur ("the Tribunal'), whereby for the death of one Annaram, the Tribunal has awarded a sum of Rs. 2,92,500/ - alongwith interest @ 8.5% p.a. from the date of application i.e. 26.11.2009 and the Insurance Company has been exonerated from liability to pay the compensation. The facts in brief may be noticed thus: the application under Section 163A of the Motor Vehicles Act, 1988 ('the Act') was filed by Smt. Antri Devi, mother of the deceased Annaram with the averments that on 20.8.2009, the deceased, was riding on motor -cycle RJ 19 -SL -1039 when the same collided with a truck resulting in fatal injuries to the said Annaram. It was claimed that the deceased was aged 23 years has valid driving licence and while working as a driver, he used to earned Rs. 40,000/ - annually.

(2.) A reply to the application was filed by the appellant, owner of the motorcycle disputing its liability to pay compensation as no accident had occurred from the said motor -cycle. The insurer also filed its reply and denied most of the allegations, it was contended that the deceased cannot be termed as third party so as to saddle the Insurance Company with the liability to pay the compensation. The Tribunal framed four issues.

(3.) AFTER hearing the parties, the Tribunal came to the conclusion that the accident occurred by use of motor -cycle RJ -19 -SL -1039, which resulted in death of Annaram.