This appeal by the Insurance Company is directed against the award dated 10.02.2012 passed by the learned Motor Accident Claims Tribunal, Dharmanagar, North Tripura in case No.T.S.(MAC) No.47 of 2010 whereby he awarded a sum of Rs.50,000/- as compensation to the claimant.

2. At the outset, I am constrained to observe that the learned Tribunal has not even gone through the provisions of the Motor Vehicles Act (M.V. Act). Though a specific issue was framed whether the claimant being owner of the vehicle is entitled to get compensation for the loss of the vehicle, the learned Tribunal has not even made reference to the provisions of the Act while deciding whether it had jurisdiction to entertain this petition or not.

3. Mr. S. Datta Choudhuri, learned counsel for the Insurance Company, submits that in view of the provisions of Section 165 and 166 of the M.V. Act, the Insurance Company is liable to pay compensation only to third parties as far as property damage is concerned. He further submits that the very basis of claims under the Motor Vehicles Act, especially 166 of the M.V. Act is fault liability. There has to be a tortious act and the owner cannot get benefit of his own