JUDGMENT

S.B. Sinha, J.—Leave granted.

2. This appeal is directed against judgment and order dated 28.10.2003 passed by the Gauhati High Court in C.R.P.No. 69 of 2003 whereby and whereunder the appeal preferred by the appellant herein was dismissed.

3. The deceased was the owner of an insured vehicle bearing Registration No. TR 03-2304, a maruti van. While he was driving the said vehicle, allegedly, in order to save a goat which was running across the road, the steering of the vehicle failed and it dashed with a tree on the road side. He suffered injuries. He later on succumbed thereto.

4. On the aforementioned premise a claim petition under Section 166 of the Motor Vehicles Act, 1988 was filed.

5. The insurer resisted the claim petition when served with a notice, inter alia, contending as under :

“That as per Motor Vehicle Acts and Rules the owner is not entitled to get any compensation if he drives the vehicle and falls in an accident- As the Insurance Policy is a third party in nature - The contract between the insured and insurer is that if any accident occurred out of the use of Motor Vehicle then only third party is entitled to get compensation. The insurer and insured is the first