ANIKET SHET Vs. ALLABAKSH IMMAMSAB SHAIKH

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) The appellants, driver, and owner of Verna car bearing registration no.GA-06-D-9086 (offending vehicle) challenge the judgment and award dtd. 5/12/2018 in Claim Petition No.161/2014, to the extent the impugned award has directed the Insurance Company to pay the claimant compensation of Rs.4,70,000.00 with interest at the rate of 9% per annum but after that recover the said amount from the appellant no.2 (owner) with interest. Thus, the challenge in this appeal is to the 'pay and recover' order.

(3.) Mr. Kantak learned Senior Advocate for the appellants made it clear that the appellants were restricting this appeal to the issue of pay and recovery. He submitted that there was no warrant to make such an order in the facts of the present case and the law on the subject.