ORIENTAL INSURANCE COMPANY LIMITED Vs. BASANTI DUGTAL

JUDGEMENT

(1.) These two appeals arise out the same award dtd. 22/6/2016 passed by the Motor Accident Claims Tribunal, Champawat in MACT Case No.16 of 2014, whereby an amount of Rs.30,64,413.00 (Rupees Thirty Lakh Sixty Four Thousand Four Hundred Thirteen Only) has been awarded as compensation to the claimants. Hence, they have been clubbed together.

(2.) Appeal from Order No. 655 of 2016 has been preferred by the Oriental Insurance Company Limited against the part of the award whereby the learned Tribunal has directed the Insurance Company to give the awarded amount to the claimants and thereafter recoverable rights have been given to the Insurance Company to recover the said amount from the Uttarakhand Transport Corporation, as the contention of the Insurance Company is that under the facts and circumstances of the case, the entire liability should have been on the owner of the vehicle i.e. the Uttarakhand Transport Corporation.

(3.) So far as Appeal from Order No. 496 of 2016 is concerned, it has been filed by the Uttarakhand Transport Corporation challenging the award dtd. 22/6/2016 passed by the learned Tribunal, whereby the claim petition has been decided against the Uttarakhand Transport Corporation and the Insurance Company has been given the rights to recover the amount of compensation from the Uttarakhand Transport Corporation.