R.M.CHHAYA,J. - (1.) The present appeal is directed against the judgment and award dated 25.02.2016 passed by the learned Motor Accident Claims Tribunal (Aux), Vadodara at Chhotaudepur in MACP No.1298/95.
(2.) Heard Mr. Ajay R. Mehta, learned advocate for the appellant. Though served, no one appears for the respondents. Perused the Record and Proceedings of the Tribunal.
(3.) The record indicates that the accident occurred on 08.06.1995 when the vehicle in question being Truck No.GJ6U7705 was being driven by the driver of the said truck of the ownership of respondent no.2. The victim sustained grievous injuries due to the accident. The record indicates that the vehicle in question dashed with the roadside tree and turtled in the roadside ditch and the FIR came to be lodged with Bodeli police station being FIR No.ICR No.57/95. Respondents no.1 claimant preferred claim petition, which came to be registered as MACP No.1298/95. The appellant filed its written statement at Exhibit 19 and the parties adduced oral as well as documentary evidence and the learned Tribunal by the impugned judgment and award was pleased to allow the claim petition against the original opponent no.2, i.e., owner of the truck. However, even while exonerating the appellant insurance company from its liability to indemnify the owner of the truck, provided that the insurance company shall have to pay the awarded amount to the claimants and then it may have to recover the same from opponent no.2, i.e., owner of the offending vehicle. Feeling aggrieved with the same, the present appeal is filed.;