- (1.) The present appeal has been directed against the award dated 03.02.2011 passed by the Motor Accident Claims Tribunal, Rohtak (for brevity, 'the Tribunal') whereby the application filed by Poonam and others for grant of compensation in regard to death of Sanjay, out of use of motor cycle Bajaj Platina bearing registration No. HR-12J-8006 on 13.05.2008, has been allowed under Section 163-A of the Motor Vehicles Act, 1988 (in short, 'the Act') and the applicants/respondents have been held entitled to compensation of Rs.4,89,500.00.
(2.) The facts relevant for disposal of the present appeal are that on 13.05.2008, Sanjay along with his uncle Purshotam was going from Rohthak to village Anwal on motorcycle bearing registration No. HR-12J- 8006 driven by Sanjay. At about 9.00 am, when they reached near Gopal Brick Kiln, Lalhi, a truck came from the opposite side driven by its driver in a rash and negligent manner and struck into his motorcycle. Sanjay sustained serious injuries and died on the spot. The accident took place due to involvement of the motor cycle, owned by Gagan-respondent No. 1. Respondent No. 2 - insurance Company filed the reply raising preliminary objections that Sanjay (since deceased) is not a third party in relation to the insured vehicle as he himself was using the same. Sanjay stepped into the shoes of the owner of said vehicle and liability in respect of rider is not required to be covered statutorily by the Act. The insurance Company insures liability of the owner towards 3rd party but does not insure the rider who stepped into shoes of the insured and thus petition is not legally maintainable.
(3.) The learned Tribunal recorded findings on issue Nos. 1 and 3 in favour of the claimants and issue No. 4 was decided against the insurance company.;