ORDER : 1.Leave granted. 2. In a road traffic accident that occurred on 16.07.2005, Mohinder Kumar sustained injuries and succumbed to the same. A claim petition was filed before the Motor Accident Claims Tribunal (herein after referred to as ‘the Tribunal’ for the sake of convenience). The said claim petition was contested by the respondent-insurance company as well as by the owner of the offending vehicle. By award dated 31.08.2011, a sum of Rs.15,50,000/- (Rupess Fifteen Lakh and Fifty Thousand only) along with interest at the rate of 6% per annum was awarded by the Tribunal directing the respondent owner of the vehicle to deposit the said amount while exonerating the respondent-insurance company. 3. Being aggrieved, the claimants questioned the compensation awarded and exoneration of the respondent-insurer company by filing an appeal before the High Court in FAO No.448/2011. The High Court vide its judgment and order dated 17.06.2016 disposed of the appeal by raising the rate of interest to 7.5% and holding that the insurer is saddled with the liability and directing the insurer to deposit the entire compensation amount along with up to date interest within a period of eight weeks from the date of the judgment. 4. Being aggrieved with the judgment and order dated 17.06.2016, the insurance company approached this Court by filing Special Leave Petition (bearing CC No.21521 of 2016) which was dismissed as withdrawn with liberty to the insurance company to approach the High Court by filing a review petition. The insurance company then filed a review petition against the judgment and order dated 17.06.2016 which was allowed by way of passing the impugned judgment and order dated 21.11.2019 whereby though the rate of interest to 7.5% was affirmed, the insurance company was totally exonerated of its liability. 5. Being aggrieved by the order of the High Court, the claimants have preferred this appeal. 6. We have heard learned counsel for the claimants, learned counsel for the respondent-insurance company and learned counsel for the owner and perused the material on record. 7. In substance, the contention of learned counsel for the appellant is with regard to the exoneration of the respondent-insurance company and fastening the entire liability on the owner of the vehicle. 8.
6. We have heard learned counsel for the claimants, learned counsel for the respondent-insurance company and learned counsel for the owner and perused the material on record. 7. In substance, the contention of learned counsel for the appellant is with regard to the exoneration of the respondent-insurance company and fastening the entire liability on the owner of the vehicle. 8. In the circumstances, we modify the judgment and award passed by the High court as well as by the Tribunal by directing the insurance company to pay the compensation awarded by the High Court being Rs.15,50,000/- (Rupees Fifteen Lakh and Fifty Thousand only) with interest at the rate of 7.5 % with effect from the date of the claim petition till realization. However, the said payment shall be made within a period of six weeks from today. 9. Liberty is reserved to the respondent-insurance company to seek recovery of the said amount from the respondent-owner. Although the respondent-owner had not assailed the judgment and award of the Tribunal fastening liability only on the owner and exonerating the insurance company, nevertheless in the interest of justice, liberty is reserved to the respondent-owner to take all contentions available to him including the offending driver possessing a valid and effective driving license to drive the offending vehicle on the date of the accident, in the proceedings to be initiated for the recovery of the aforesaid amount. The aforesaid directions are being issued in exercise of our powers under Article 142 of the Constitution of India having regard to the facts and circumstances of this case. 10. Ordered accordingly. 11. The appeal is allowed and disposed of in the aforesaid terms. 12. Pending application(s), if any, shall also stand disposed of.