NATIONAL INSURANCE COMPANY LIMITED Vs. HABEEB KHAN

JUDGEMENT

(1.) THE National Insurance Company Limited (2nd respondent in the claim petition) filed this appeal, having been aggrieved by the Order/Award of the learned Chairman of the Motor Accidents Claims Tribunal -cum -District Judge, Adilabad (for short, 'Tribunal') in M.V.O.P.No.628 of 2007 dated 05.10.2010 awarding compensation of Rs.60,000/ -(Rupees one lakh only) out of Rs.1,00,000/ - against the 2nd respondent and out of which Rs.6,000/ - to the 1st respondent with interest at 6%p.a. and directing the 2nd respondent to pay entire compensation awarded inclusive of liability of Rs.6,000/ - of 1st respondent - owner and then recover the same from him, against the respondent Nos.1 and 2 - claimant and owner of crime vehicle under Section 173 of the Motor Vehicle Act, 1988 (for short, 'the Act').

(2.) HEARD Smt. Ramani Jonna, learned standing counsel for the appellant, Sri Bandi Prasada Rao, learned counsel for the respondent No.1. The 2nd respondent -owner of crime vehicle is called absent with no representation and thus taken as heard for the absence to decide on merits and perused the record. The parties hereinafter are referred to as arrayed before the Tribunal for the sake of convenience in the appeal.

(3.) IT is the contention of the claimant as 1st respondent to the appeal since 2nd respondent to the appeal -the owner of the vehicle remained absent with no contest and also before the Tribunal, that the Tribunal under Section 149 read with 168 of the MV Act got the discretionary power to pay and recover even found for any reason the Insurer is not liable and thereby the Tribunal once exercises its discretionary power in giving direction for pay and recovery this Court while sitting in appeal against it simply because the Insurer impugned the same cannot readily interfere hence to dismiss the appeal and for that contention placed reliance upon Reliance General Insurance Company Limited Vs. Mahammad Salim1.