Rakesh Kumar Garg, J.

1. This is insurers appeal challenging the impugned award dated 25.7.2008 whereby compensation has been granted to respondent Nos. 1 and 2 on account of death of Pawan Kumar in a motor vehicular accident which occurred on 21.9.2005. The offending vehicle was duly insured with the appellant.

2. The grievance of the appellant before this court is that no liability could be fastened upon the appellant as deceased Pawan Kumar was not a third party and therefore, the claim petition which was filed under Section 163-A of the Motor Vehicle Act, 1988 against the appellant was not maintainable. According to the counsel for the appellant, Section 163-A of the Motor Vehicle Act, 1988 lays down that the owner of the motor vehicle or the authorized insurer shall be liable to pay compensation in case of death or permanent disability due to accident arising out of the use of motor vehicle as indicated in the second schedule to the legal heirs or the victims as the case made. Since there was no tort feaser, therefore, the appellant was not liable to pay any compensation. In support of his argument, learned counsel for the appellant has placed upon reliance in the case