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Himachal Pradesh High Court · body

2014 DIGILAW 1642 (HP)

Oriental Insurance Company Ltd. v. Sardaru

2014-11-14

MANSOOR AHMAD MIR

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JUDGMENT : Mansoor Ahmad Mir, J. This appeal is directed against the award dated 13th April, 2007, passed by the Motor Accident Claims Tribunal, Mandi (for short “the Tribunal”) in Claim Petition No.72 of 2003, titled Sardaru & another vs. Oriental Insurance Company Ltd. & others, whereby a sum of Rs.1,64,000/- alongwith interest at the rate of 7.5% per annum came to be awarded as compensation in favour of the claimants and against the insurer with right of recovery from the insured-owner (for short the “impugned award”). 2. The claimants, insured and the driver have not questioned the impugned award on any ground and thus, it has attained finality so far it relates to them. 3. The appellant/insurer has questioned the impugned award on the ground that the Tribunal has fallen in error in directing the insurer to satisfy the impugned award and recover the same from the owner. The averment is misconceived for the simple reason that the claimants are third party and it is beaten law of land that the insurer has to satisfy the award at the first instance with right of recovery. 4. Accordingly, there is no merit in the appeal. Hence dismissed. 5. The Registry is directed to release the awarded amount in favour of the claimants, strictly in terms of the conditions contained in the impugned award through payee’s account cheque, after proper identification. Learned counsel for the appellant/insurer is at liberty to lay a motion before the Tribunal to recover the awarded amount from the owner. 6. Send down the record.