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2015 DIGILAW 1108 (HP)

Oriental Insurance Company Limited v. Shamu Ram

2015-08-14

MANSOOR AHMAD MIR

body2015
JUDGMENT Mansoor Ahmad Mir, J. 1. Delinked from FAO No. 244 of 2008. 2. This appeal is directed against the award dated 24th April, 2008, made by the Motor Accident-Claims Tribunal, Kinnaur, at Rampur Bushahr, H.P., (hereinafter referred to as ‘the Tribunal’) in M.A.C. Case No. 66 of 2005, titled as Shamu Ram & others versus Subhadra Kumari & another, whereby compensation to the tune of Rs. 2,74,000/- with interest 7½% per annum from the date of filing of the claim petition till its realization, came to be awarded in favour of claimants No. 1 & 2 respondent No. 1 & 2 herein and the insurer-appellant herein, was saddled with liability, for short the impugned award. 3. The claimants and the legal representative of the owner of the offending vehicle have not questioned the impugned award, on any count. Thus, it has attained finality so far as it relates to them. 4. Only the insurer has questioned the impugned award on the ground that the Tribunal has fallen in an error in saddling it with the liability with right of recovery. 5. The mandate of law is that the insurer has to satisfy the claim of the third party provided that the insurance policy was subsisting. The rights of the third party cannot be defeated even if the owner-insured has committed a willful breach. 6. Having said so, the Tribunal has rightly saddled the insurer with the liability with right of recovery. 7. Having said so, the impugned award is upheld and the appeal is dismissed. 8. Send down the records after placing copy of the judgment on record.