NATIONAL INSURANCE COMPANY LTD Vs. TRUPTIBEN PIYUSHBHAI DAVE

JUDGEMENT

(1.) The solitary question which is raised in this appeal is whether the Tribunal could have directed the appellant insurance company to pay the compensation first to the respondent no.1 and then to recover the same from respondent no.2 herein.

(2.) The aforesaid question arises in the back drop of the fact that respondent no.1 was crossing the road on 4.7.2010 at about 4.15 PM when he was hit by the auto-rickshaw bearing registration no.GJ-3W-1115 owned and driven by respondent no.1 herein. At the relevant time, the offending rickshaw was insured with the appellant-insurance company.

(3.) The Tribunal has recorded the finding in paragraph 19 of the impugned judgment and award that respondent no.2 herein was not holding any licence to drive the auto-rickshaw. Still however, the Tribunal directed the appellant - insurance company to pay a sum of Rs.91,000/- with 7% interest and proportionate costs jointly and severally to respondent no.1 herein and thereafter to recover it from respondent no.2. The appellant-insurance company has questioned its liability to pay the compensation in this appeal.