- (1.) Heard the parties. The appellant/insurer, namely, ICICI, Lombard General Insurance Company has preferred this appeal challenging the judgment and award passed by the Claims Tribunal, East Singhbhum, Jamshedpur in Compensation Case no. 156 of 2006 whereby a sum of Rs. 2,20,000/has been awarded for death of the deceased in a motor vehicle accident.
(2.) The undisputed facts are that one Rahul Sharma was going on a motorcycle bearing registration no. JH05L5262 towards Sakchi on 30.1.2006. On the way one unknown trailor came from opposite direction and dashed the motorcycle, as a result of which deceased Rahul Sharma sustained severe injuries and died. The deceased was aged about 23 years and was employed. The respondentowner of the motorcycle appeared and filed showcause stating inter alia that deceased was holding valid driving license and the motorcycle was insured with the appellantInsurance Company. The appellantInsurance Company took a defense that the claim case was not maintainable on the ground of nonjoinder of necessary party and that the accident took place due to negligent driving of another vehicle(trailor) . The claimants, who are the parents adduced evidence but no evidence was adduced by the respondent including the present appellant. The Tribunal awarded the aforementioned compensation.
(3.) Mr. A.K.Das, learned counsel appearing for the appellant assailed the impugned award mainly on the ground that deceased does not come within the definition of third party and, therefore, the Insurance Company has no liability to pay compensation. In this regard, learned counsel drawn our attention to a copy of the Insurance Policy.;