UNITED INDIA INSURANCE COMPANY LIMITED Vs. LILABEN

JUDGEMENT

(1.) This Appeal under section 173 of the Motor Vehicles Act is at the instance of an Insurance Company and is directed against an award dated 26th October 2005 passed by the Joint District Judge and Motor Accident Claims Tribunal (Aux.), Amreli, in MACP No.394 of 2002 thereby awarding a sum of Rs.5,52,600/- to the claimants with interest at the rate of 7.5% per annum from the date of filing of the claim-application till realization by holding that the driver and owner of the offending vehicles were jointly and severally liable to pay the amount. However, in spite of the above finding, the Tribunal below directed all the opponents including the Insurance Company to deposit the awarded sum with liberty to the Insurance Company to recover the amount from the insured without filing any suit but by execution of the award against the insured in accordance with Section 174 of the Motor Vehicles Act.

(2.) Being dissatisfied, the Insurance Company has come up with the present appeal.

(3.) The only question raised by Mr Dave, the learned advocate appearing on behalf of the appellant in this appeal is, whether the Tribunal below was justified in directing the Insurance Company, first, to pay the amount and thereafter, to recover the same from the owner of the offending vehicle in spite of a specific finding recorded by the Tribunal below that the victim having died while travelling in a goods' vehicle, the Insurance Company was not liable to make payment.