SITA BAI RAJPUT Vs. ASHWINI RAJPUT

JUDGEMENT

(1.) The short question involved in this appeal is, whether the Claims Tribunal is right in exonerating the Insurance Company from its liability and in not applying the principle of firstly pay and then recover from the owner of the vehicle as held by the Supreme Court in the matter of National Insurance Co. Ltd. v. Swaran Singh and others [(2004) 3 SCC 297] followed subsequently in the matter of Shamanna and another v. Divisional Manager, Oriental Insurance Company Limited and others [(2018) 9 SCC 650]?

(2.) The claim petition was filed before the Claims Tribunal and the learned Claims Tribunal after due enquiry, awarded a compensation of Rs.13,65,080.00 to the claimants, but exonerated the Insurance Company - respondent No.3 herein from the liability on the ground that the driver - respondent No.1 was minor on the date of offence and therefore the Insurance Company is not liable to pay the amount.

(3.) Mr. Shubhank Tiwari, learned counsel appearing for the appellants herein/ claimants, would submit that in view of the decision rendered by the Supreme Court in the matter of Jawahar Singh v. Bala Jain and others [(2011) 6 SCC 425], the Insurance Company is liable and the Claims Tribunal could not have exonerated the Insurance Company from liability and could have applied the principle of pay and recover as held in Swaran Singh's case (supra) followed in Shamanna (supra).