IFFCO TOKIO GENERAL INSURANCE CO. LTD. Vs. SHEIKH MOHAMMAD TUFAIL
HIGH COURT OF JAMMU AND KASHMIR
IFFCO TOKIO GENERAL INSURANCE CO. LTD.
Sheikh Mohammad Tufail
Click here to view full judgement.
Sanjeev Kumar -
(1.)This appeal under Section 173 of the Motor Vehicles Act filed by Iffco Tokio General Insurance Company Ltd., (hereinafter referred to as the 'insurer') is directed against the interim award (no fault liability award u/s 140 of M.V.Act) dated 03.08.2018 passed by the Motor Accident Claims Tribunal, Doda (for short 'the Tribunal') in claim petition titled 'Sheikh Mohammad Tufail vs. Divisional Manager, Iffco Tokio General Insurance Company Ltd and others'.
(2.)Amongst others, the impugned interim award has been assailed on the ground that since the injured, at the time of accident, was travelling in the offending vehicle as a gratuitous passenger, therefore, in terms of the insurance policy, the insurer was not liable to indemnify the owner/insured of the said vehicle for any liability.
(3.)It is submitted that the Tribunal, without adjudicating upon the defence of the insurer, has fastened the liability to satisfy the interim award on the insurer and has, thus, defeated the right of the insurer to raise defence to the claim petition as provided under Section 149 of Motor Vehicles Act.
Copyright © Regent Computronics Pvt.Ltd.