ORIENTAL INSURANCE CO LIMITED Vs. SUSHILA

JUDGEMENT

(1.) Mr. P.K. Seth, counsel appearing for the appellant confine his arguments to seek execution of the award amount which has already been paid by the insurance company to the claimants. Counsel submits that the impugned judgment was passed in accordance with the earlier view as the Hon'ble Supreme Court in New India Assurance Co., Shimla vs. Kamla whereafter with the pronouncement of judgment in the case of National Insurance Co. Ltd vs. Swaran Singh and Ors.- (2004)3SCC297, the Apex Court has given rights to the insurance company to file execution petition so as to recover the award amount from the owner of the offending vehicle instead of filing a separate civil suit. Counsel, thus, claims that limited to that extent, the appeal may be allowed.

(2.) Nobody has chosen to appear for the respondents. I have heard learned counsel for the appellant and have perused the record.

(3.) Perusal of the record shows that the insurance company has been given recovery rights to recover the award amount from the insured/owner of the offending vehicle. Since the appellant has claimed limited relief to the extent of permitting the appellant to file execution petition before the Tribunal against the insured/owner of the offending vehicle, therefore, considering the same the appellant is allowed to file execution petition against the owner/insured in accordance with para 107 of the judgment in Swaran Singh's case.