KRIPA SHANKER SINGH Vs. BANSIDHAR

JUDGEMENT

(1.) THIS appeal is directed under Section 110 -D of the Motor Vehicles Act, at the instances of the insured persons against the order of the Tribunal dated 20th December, 1977 passed by Ist Additional District Judge, Ghazipur decreeing Respondent Ist set's claim in Motor Accident Claim Case No. 1 of 1973.

(2.) IT arises out of a Motor Accident Claim Case, under the provision of old Motor Vehicle Act. The appellants are the co -owners of the vehicle which was involved in the case. The grievance of the present appellants is that the claim Tribunal has committed illegality in deciding the Issue No. 6 by holding that it is open to the claimants to recover the amount from the owners of the bus and owner of the bus may claim indemnity from the Insurance Company. Since only short grievance is involved, therefore, it is not necessary to give the fact of the case in detail.

(3.) THE Tribunal, by the order under appeal has held that the bus in question, of which the appellants are owners, was insured with M/s. Hindustan General Insurance Society Ltd., now known as the National Insurance Company Ltd. There is no dispute that the said Bus was not (sic get) insured with the respondent No. 3. The Tribunal under Issue No. 6 has come to the conclusion that all the respondents are liable for the payment of the compensation. Thereafter, the Tribunal has observed that if the amount is recovered from the owners, the owners may recover the said amount from the Insurance Company. Challenging this observation, the present appeal has been filed. It was submitted by the appellant that the compensation amount so awarded may be recovered from the insurer and the award be modified accordingly.