JUDGMENT AND ORDER :

1. Heard Mr. R. Goswami, the learned counsel appearing for the appellant Bajaj Allianz General Insurance Co. Ltd. (hereinafter referred as ‘the Insurance Company’). Also heard Mr. K.R. Patgiri, the learned counsel appearing for the respondent.

2. This Appeal is preferred against the judgment and award dated 20-12-2012, passed by the learned Member, Motor Accident Claims Tribunal, Lakhimpur at North Lakhimpur, in the MAC Case No.71/2009.

3. The brief facts of the case is that one Smti Momi Boruah preferred a claim petition under Section 163A of the Motor Vehicle Act, praying for compensation for the death of her husband Pradip Boruah, in a motor vehicle accident on 16.12.2008, involving the vehicle No.AS-07/C-0119 (winger). The deceased was the owner cum driver of the offending vehicle and the same was insured with the Bajaj Allianz General Insurance Co. Ltd.

4. The learned counsel for the appellant Mr. R. Goswami pointed out that the present claim has been preferred by the legal heirs of the deceased who was the owner cum driver of the offending vehicle who died in the accident, was not a third party in the said case and being a policy holder, he is not entitle to

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