RAMNIVAS GUPTA Vs. SITARAM

JUDGEMENT

(1.) The present is an owner's appeal under Section 173 of the Motor Vehicles Act challenging the award dated 5.4.2008 passed by the Motor Accident Claims Tribunal, Jashpur, in Motor Accident Claim Case No. 31/2007.

(2.) Vide the impugned award, the learned Tribunal, in a death case, under Section 166 of the Motor Vehicles Act, has awarded a compensation of Rs.3,74,500/- in favour of respondents no. 1 and 2/claimants with interest thereon at the rate of 6% per annum from the date of presentation of the claim application. While passing the award, the learned Tribunal has exonerated the respondent no.4-insurance company of its liability for payment of compensation and fastened the same upon the appellantowner and respondent no.3-driver of the tractor involved in the accident. While passing the award, the learned Tribunal has also held that it shall be the responsibility of respondent no.4-insurance company to pay the compensation first and to get the amount recovered subsequently from the owner and driver of the vehicle, applying the principle of 'pay and recover'.

(3.) The insurance company has not challenged the impugned award of pay and recovery passed by the learned Tribunal.