K. LAKSHMAN
National Insurance Co. Ltd. – Appellant
Versus
F. R. Phillip K. T. S/o Thomas – Respondent
JUDGMENT :
Assailing the Award and decree dated 26.04.2006 in M.V.O.P. No.370 of 2002 passed by the Motor Accidents Claims Tribunal - IV Additional District Judge (Fast Track Court - III), Khammam (for short ‘the Tribunal’), appellant - Insurer filed the present appeal.
2. Vide the aforesaid award, the Tribunal has awarded an amount of Rs.32,000/- towards compensation against the appellant - respondent viz., M/s. National Insurance Company Limited with interest @ 7.5% per annum thereon for the to Ford Ikon Car bearing registration No.AP 20F 4747 belongs to respondent - claim damages caused petitioner.
3. Heard the learned counsel for the appellant - Insurer and the learned counsel for respondent - claimant.
4. It is the contention of the learned counsel for the appellant - Insurer that the Insurer is not liable to pay compensation since owner of the vehicle cannot claim any compensation for own damage. According to the learned counsel for the appellant, the respondent is not a third party as per the provisions of the Motor Vehicles Act, 1988. It is his further contention that respondent - claimant cannot invoke the provisions under the M.V. Act, 1988 and if at all the respondent is hav
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