ORIENTAL INSURANCE COMPANY LTD Vs. PANDIT NAGORAO ADE

JUDGEMENT

(1.) Heard the learned Counsel for the respective parties by consent.

(2.) By the First Appeal No. 446 of 2010, the appellants have challenged the judgment and award passed on 24.3.2009 in M.A.C.P. No. 100 of 2001 and M.A.C.P. No. 40 of 2004. The subject matter of the First Appeal No. 1441 of 2009 is also the same common judgment and award. While by First Appeal No. 1399 of of 2009, the appellant is challenging the judgment and award dt. 30.3.2009 passed by the M.A.C.T. Pusad in M.A.C.P. No. 41 of 2004.

(3.) The grievance of the learned Counsel for the appellant is that the Motor Accident Claims Tribunal, after it held the owner and driver of the offending motor vehicle liable to pay compensation to the claimants ought not to have directed the appellant/Insurance Co. to satisfy the award at the first instance and thereafter, to recover the amount of compensation paid from the owner and/or driver of the offending motor vehicle concerned with the accident in question.