ORIENTAL INSURANCE CO. LTD. Vs. RAMRAO ANNASAHEB BORGAD

JUDGEMENT

(1.) This is appeal by Insurance Company whereby it is aggrieved by the judgment and order dtd. 1/1/2013 passed by learned Member, Motor Accident Claims Tribunal (MACT), Basmat, directing Insurance Company to first pay and then recover from original respondent nos.3/1 to 3/3 i.e. compensation awarded on account of death of deceased Vaibhav son of original petitioners/claimants in a road traffic accident.

(2.) Facts giving arise to claim petition by invoking Sec. 166 of Motor Vehicles Act, are that, on 23/4/2006, Vaibhav had been to Aundha [Nagnath] alongwith his uncle and aunt in Jeep bearing No.MH-22 B-8165. While returning back to the village, the Jeep suffered accident and it turned turtle causing fatal injuries to Vaibhav, who while undergoing treatment, breath his last on 24-04- 2006. Resultantly, his parents/original claimants filed above claim petition bearing no.32 of 2006 and sought compensation from driver, insurance company as well as owner of the vehicle and the same was decided by learned Tribunal by Judgment and order dtd. 1/1/2013 wherein following order has been passed :

(3.) Aggrieved by the above directions, more particularly, to first pay and then recover, Insurance Company/original respondent no.2 has come up in appeal.