ORDER

The appellants have filed this appeal, prayed to set aside the order dated

17.10.2024 passed against 1st Respondent and enhance the award amount in MCOP No.64 of 2020 on the file of the Motor Accidents Claims Tribunal, Subordinate Court, Madurantakam.

2. Challenging the award passed by the Tribunal, the claimants /

appellants have preferred this appeal on the following grounds:

(i) The Tribunal has grossly erred in exonerating the Insurance Company on the ground that the vehicle was not having valid Fitness Certificate.

(ii) The Tribunal has failed to appreciate that appellant is a third party victim and in claim by third party the Insurance Company has to pay the compensation despite any breach of policy or Motor Vehicles Act and can only be permitted to recover the same from the owner as per Section 149(4) & (5) of the Motor Vehicle Act.

(iii) The Tribunal failed to appreciate that the absence of Fitness Certificate cannot be a ground for exoneration of the 2nd respondent insurance Company.

(iv) The Tribunal failed to appreciate that the Insurance Company can seek exoneration only in a claim by the owner of the vehicle for own Damages to the vehicle itself and not in a third party