- (1.) The appellant-Insurance Company has filed the instant appeal against the Award dated 24.12.2011, passed by the Motor Accident Claims Tribunal, SAS Nagar Mohali (for short "the Tribunal") granting compensation to the tune of Rs. 65,000/- for the injuries suffered by claimant-respondent No. 1 Jasmer Singh in a road accident, along with interest @ 8% per annum from the date of filing the claim petition till realization. The claim petition was filed under Section 163-A of the Motor Vehicles Act (hereinafter referred to as 'the Act'). Respondent No. 1-Jasmer Singh borrowed Hero Majestic Moped No. PB-65-E-3077 from respondent No. 2-Bhajan Singh the registered owner for going to village Gharuan on 26.3.2007. When he crossed village Mampur at about 9.30 a.m. the moped was hit by a truck as a result whereof, he had fallen on the road and suffered multiple grievous injuries. The claimant-respondent No. 1 was taken to the Civil Hospital, Kharar from where he was referred to Cheema Hospital, Mohali. Respondent No. 1 remained admitted in Cheema Hospital, Mohali for about 15 days. The claimant-respondent No. 1 was 57 years old and earning Rs. 3300/- per month. An amount of Rs. 2 lacs was spent on his treatment and prayer was made for award of Rs. 10 lacs as compensation.
(2.) Respondent No. 2 in the written reply stated that he handed over his moped to claimant-respondent No. 1 after verifying his driving licence.
(3.) The appellant-Insurance Company basically contested the claim petition on the ground that the petition under Section 163-A of the Act was not maintainable as the claimant was not a third party. The injured himself being rider stepped into the shoes of owner of the vehicle and, therefore, the Insurance Company cannot be held liable.;