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New India Assurance Co. Ltd. vs Razia Begum And Ors. on 29 January, 2018

3.

2. The facts leading to filing of this appeal briefly stated are that respondent
Nos.1 to 3 filed a claim petition under Section 166/140 of Motor Vehicles
Act before the MACT, Jammu for grant of compensation on account of the
death of Shri Sadar Din, who had died in a road traffic accident on
04.09.2009 near Sidhra while driving the commercial vehicle bearing
registration No.JK02AD-8457. Since the deceased who himself was the

CIMA No.374/2011 Page 1 of 8
registered owner of the said vehicle had died in the accident while driving
the said vehicle, except for the appellant company, no other persons was
arrayed as respondent in the claim petition. The appellant company after its
service filed objections to the claim petition by taking various defences
available to it. One of the specific defence raised by the appellant company
in its objections was that the deceased himself being the registered owner
and insured of the vehicle involved in the accident, did not fall in the
definition of third party and therefore, the claim petition filed by respondent
Nos.1 to 3 was not maintainable under the Motor Vehicles Act and deserves
to be dismissed. It is further stated that the Motor Accidents Claims
Tribunal, Jammu vide its order dated 14.02.2011 accepted the plea of the
appellant company and dismissed the claim petition under Section 166 of
the M.V.Act. However, while dismissing the petition under Section 166 of
M.V. Act, the Tribunal granted compensation of Rs.50,000/- to the
respondents no.1 to 3 under Section 140 of the Motor Vehicles Act and
directed the company to satisfy the same within 30 days from the date of
receipt of the copy of the order, failing which, interest @ 7.5% per annual
shall be charged. The appellant company being aggrieved of the order
impugned challenges its legality, validity and correctness on the following
amongst other grounds:-

Source: IK



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New India Assurance Co. Ltd. vs Razia Begum And Ors. on 29 January, 2018

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