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CASE NO.:

Appeal (civil) 2892 of 2008

PETITIONER:

Oriental Insurance Co. Ltd

RESPONDENT:

Rajni Devi & Ors

DATE OF JUDGMENT: 22/04/2008

BENCH:

S.B. Sinha & V.S. Sirpurkar

JUDGMENT:

J U D G M E N T

REPORTABLE

CIVIL APPEAL NO. 2892 OF 2008

(Arising out of SLP (C) No.11521 of 2007)

S.B. Sinha, J.

1. Leave granted.

2. Respondent filed an application under Section 163-A of the Motor

Vehicles Act, 1988 (the Act) claiming compensation for death of one Janak

Raj (the deceased). He was riding on a motorcycle along with one Sukhdev

Raj. Who was actually on the driver’s seat is not known. The motorcycle is

said to have gone out of control resulting in the accident.

3. Appellant herein, having been issued notice, resisted the claim, inter

alia, contending that although the owner of the vehicle deposited an extra

amount of Rs.50 covering his personal insurance, the same would not cover

the case of the pillion rider and in any event, the owner of the vehicle is not

a third party within the meaning of Section 147 of the Act.

The Motor Vehicles Accident Claims Tribunal, having regard to the

pleadin