MACApp. 92/2004 BEFORE HON’BLE THE CHIEF JUSTICE MR. MADAN B LOKUR The appellant is aggrieved by an award dated 20/2/2004 passed by the Mot or Accident Claims Tribunal, Goalpara in MAC Case No. 159/2001. The claimant was the owner of a scooter which was involved in an acciden t. On the fateful day, he was travelling on the scooter as a pillion rider when a cow suddenly tried to cross the road. The scooter lost control and met with an accident as a result of which the claimant/owner sustained some injuries. He th en filed a claim for compensation. Before the Tribunal, one of the issues framed was whether the Insurance Company or the owner of the scooter is liable to pay compensation. Learned counsel for the appellant submits that while deciding this issue , the Tribunal failed to take note of the policy conditions as well the conditio ns of Section 147(1) of the Motor Vehicles Act, 1988. He says that the Tribunal failed to appreciate the fact that the insurance policy had coverage of liabilit y only for injuries to a third party and not to the owner of the vehicle. In view thereof, the Tribunal held that the appellant failed to prove an y violation of the policy conditions and held that the claimant is entitled to c ompensation. Feeling aggrieved, the appellant is now in appeal. Learned counsel for the appellant has shown the relevant policy. From a perusal thereof, I find that the policy does not cover injury caused to the owne r of the vehicle since no additional premium was paid. It only covers risk to th ird parties. Moreover the claimant is the owner of the scooter. Inspite thereof, the Tribunal gave an Award in favour of the claimant. This, in my view is against both the policy conditions and the condition s enumerated in Section 147 of the Motor Vehicles Act, 1988 more particularly se ction 147(1) thereof. Under the circumstances, the contention of learned counsel for the appel lant is well taken and it must be held that the Tribunal erroneously concluded t hat the claimant was entitled to compensation. The claimant is admittedly the ow ner of the vehicle and the terms of the policy are not in dispute. The appeal is allowed and the Award passed by the Tribunal is set aside. Misc. case also stands disposed of. Trial court records be immediately sent back. The statutory deposit made by the appellant be returned to the appellant with interest, if any accrued thereon.