KAMINIBEN Vs. ORIENTAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) Leave granted.

(2.) The short question arising for decision making in this appeal is whether in the facts and circumstances of the case the High Court was justified in reversing the finding of the Motor Accident Claims Tribunal (for short 'the Tribunal'), which had directed the Insurance Company to first pay the amount of compensation to the claimants and thereafter, recover the same from the owner of the vehicle.

(3.) As per the claim petition, the deceased was travelling in the tempo which was taken on rent on the occasion of Ganesh Immersion festival and was heading to immerse the idol into the Narmada River.