SBI GENERAL INSURANCE CO. LTD. Vs. DHARMENDRA UIKEY

JUDGEMENT

(1.) The present revision has been filed by the Insurance Company challenging the award passed by the Claims Tribunal, whereby the Tribunal has awarded compensation of Rs.36,770.00 to the claimant-respondent.

(2.) The present revision under Sec. 115 of CPC has been filed against the award of Claims Tribunal on the sole ground that after amendment in the Motor Vehicles Act vide Amendment Act of 2019, Sec. 149 has been renumbered as Sec. 150 and the provision corresponding to Sec. 149(4) does not find place in the amended provision and, therefore, the Claims Tribunal, despite having found the vehicle to be run in breach of policy conditions, has erroneously passed an award against the Insurance Company and granted the liberty of pay and recover.

(3.) It is contended in this revision that pay and recover after the Amendment Act of 2019 cannot be ordered by the Claims Tribunal and the liability should have been imposed on the owner of the offending vehicle and direction of pay and recover could not have been passed by the Tribunal.