1. This appeal is preferred by the appellant against the judgment and award dated 24.9.2014 passed by learned Motor Accident Claims Tribunal (Aux.), Sabarkantha District at Modasa below Exh.47 in Motor Accident Claim Petition No.1705 of 2013 whereby learned Tribunal was pleased to award compensation of Rs.3,35,600/- with interest and cost proportionately in favour of the respondent herein – original claimant.

2. The appellant – insurance company has preferred the present appeal, inter alia, contending that the award passed by learned Tribunal is contrary to the provisions of law, the claimant is indisputably not the third party and he cannot maintain the claim petition before the learned Tribunal under the provisions contained under Chapter XI of the Motor Vehicles Act 1988 (“the Act” for short). It is further contended that learned Tribunal fallen in error in holding that as the insurance company has recovered Rs.50/- towards coverage of personal accident and, therefore, the insurance company is bound to compensate the insured / owner as such.

3. The facts necessary for disposal of this appeal are narrated as under.

3.1 That the respondent – original claimant who is the own