JUDGMENT :

GITA GOPI, J.

1. The Future Generally India Insurance Co. Ltd. aggrieved by the judgment and award dated 12.10.2022 passed by Motor Accident Claims Tribunal, Anand in M.A.C.P. No. 579 of 2013, has preferred this First Appeal, challenging the same on the ground inter alia raised that the claimant was already indemnified by Oriental Insurance Company under Own Damage Claim and was paid Rs.2,89,972/- out of the total expense incurred, which is stated to be Rs.3,34,372/- by the claimant, who had preferred the claim petition under section 166 of Motor Vehicles Act, 1988 (Hereinafter referred to as the ‘M.V. Act’ for short) for the damage, which had occurred to his Car No. GJ-23-H-1264.

2. The claimant was driving his Car No. GJ-23-H-1264 on 08.09.2010 going from Bhavnagar towards Mahuva, and suddenly driver of the Truck No. GJ-01-BY-5538 ahead of him, applied brakes without any tail light, brake light or any signal, and as per the claimant, owing to the full beam headlight of the vehicle coming from the opposite direction, he could not see that the driver of Truck No. GJ-01-BY-5538, ahead of him, applied sudden brake and had stopped his truck; as a result his Car dashed at the r