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2015 DIGILAW 336 (HP)

Oriental Insurance Company Ltd. v. Kewal Singh

2015-04-10

MANSOOR AHMAD MIR

body2015
JUDGMENT Mansoor Ahmad Mir, J. 1. Subject matter of this appeal is award, dated 27th June, 2007, made by the Motor Accident Claims Tribunal (III), Kangra at Dharamshala (for short "the Tribunal") in M.A.C.P. No. 15-D/07/02, titled as Kewal Singh versus Rajeev Kumar and others, whereby compensation to the tune of Rs. 1,93,400/- with interest @ 7.5% per annum from the date of filing of the petition till its realization came to be awarded in favour of the claimant-injured, namely Shri Kewal Singh and the appellant-insurer was saddled with liability with right of recovery (for short "the impugned award"). 2. The claimant-injured, the owner-insured and the driver of the offending vehicle have not questioned the impugned award on any count, thus, 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 award at the first instance and then to recover the same from the owner-insured and the driver. 4. I have perused the record. 5. I wonder why such a mighty and reputed Insurance Company has filed the appeal in hand. 6. It is known to everyone and is beaten law of land that the insurer is supposed to satisfy the liability of third party with right of recovery if the owner-insured and the driver have committed the willful breach. 7. The Tribunal has rightly marshalled out the facts and law and came to the conclusion that the owner-insured and the driver have committed the willful breach and directed the appellant-insurer to satisfy the award at the first instance with a right to recover the same from them. 8. Having said so, no illegality is found in the impugned award. Accordingly, the appeal merits to be dismissed and the impugned award is to be upheld. 9. The appeal is dismissed and the impugned award is upheld, as indicated hereinabove. 10. Registry is directed to release the awarded amount in favour of the claimant-injured strictly as per the terms and conditions contained in the impugned award through payee's account cheque. 11. Send down the record after placing copy of the judgment on Tribunal's file.