ORDER 25.03.2014Heard learned counsel for the appellant-Insurance Company and learned counsel for the respondents. This appeal has been filed by the appellant-Insurance Company challenging the judgment and award dated 22.12.2012, passed by learned 2nd Additional District Judge-cum-M.A.C.T., Cuttack in M.A.C. Case No.207 of 2010, awarding an amount of Rs.3,43,985/- (rupees three lakh forty-three thousand nine hundred eighty-five) as compensation along with interest @ 6% per annum, from the date of filing of the claim application. Learned counsel for the appellant-Insurance Company vehemently contended that Rule-3, Central Motor Vehicle Rules has been violated by the owner-cum-driver of the offending vehicle for which, the Insurance Company shall have right of recovery against the driver/owner of the offending vehicle. The P.W.2 was examined by an officer, who has no knowledge regarding the nature of driving of the respondent No.3. In absence of any direct knowledge or material to show that Rule-3 has been violated, I am not inclined to accept the contentions of the learned counsel for the appellant-Insurance Company that Rule-3 has been violated. Learned counsel for the appellant relies upon the judgment of Karnataka High Court reported in the case of New India Assurance Co. Ltd. v. M. Sureshappa and another, 2013 ACJ 1306 in support of his submission. On perusal of the judgment relied upon by learned counsel for the appellant, I find that the ratio of the said decision is not applicable to the facts and circumstances of the present case. Therefore, I am not inclined to entertain this appeal. The appeal, being devoid of merit, stands dismissed. The application-Insurance Company is directed to deposit the awarded compensation amount along with interest before the learned Tribunal within six weeks from today. The statutory amount deposited before this Court shall be refunded to the appellant along with accrued interest thereon on producing proof of deposit of the awarded amount before the Tribunal. Urgent certified copy of this order be granted on proper application. Appeal dismissed.