- (1.) This appeal under Section 173 of the Motor Vehicles Act is at the instance of a financier and is directed against the award dated 16th December 2005 passed by the Motor Accident Claims Tribunal (Main) Vadodara, in Motor Accident Claims Petition No.970 of 1993 thereby awarding compensation of Rs. 2,50,400/- with interest at the rate of 9% p.a. from the date of filing of the claim petition till realization with a specific finding that the amount to be paid by the owner and the financier of the vehicle bearing registration No.GJ-1U-7952 as the other vehicle was driven by the victim himself and he had 20% negligence and an amount to that extent was deducted from the amount of compensation.
(2.) The claimants filed the claim application by making the owner of the vehicle driven by the victim and its insurer, the National Insurance Company, as opponent nos.1 and 2 and the driver and owner of the other vehicle were opponent nos. 3 and 4. Subsequently, name of the driver of the other vehicle was deleted and, on an application filed by the claimant, Tata Finance Company, the appellant before this Court, was made additional respondent being respondent no. 5 as it appears from the RC book that the other vehicle was financed by the Tata Finance Company under the agreement of hypothecation.
(3.) The present appellant being dissatisfied with the said order impleading it as additional respondent preferred a Special Civil Application before this Court but a learned single Judge of this Court dismissed such Special Civil Application holding that it was not a fit case for interference because the added opponent will not be aggrieved in any manner unless it is established on evidence at the final hearing that at the time of accident, the vehicle was in possession of the financier.;