NEW INDIA INSURANCE CO LTD Vs. SALU

JUDGEMENT

(1.) THIS appeal is preferred by the insurance company against a direction to pay and recover.

(2.) SHORT facts involved herein are that the deceased Somdatt Thakur was travelling in the truck bearing registration No. HR 38-D 1288 which was going from hyderabad to Delhi. It suddenly turned turtle near Deshgaon Ghati due to which somdatt Thakur was injured and died on the spot. The truck was owned by respondent No. 6 and was driven at the relevant time by respondent No. 5. A claim petition was submitted by the claimants who are residents of Village Thana, Tahsil Ledror, district Hamirpur, Himachal Pradesh. The learned Motor Accidents Claims Tribunal, khandwa passed an award in favour of the claimants for a sum of Rs. 3,91,000. The learned Claims Tribunal found that there was violation of the terms and conditions of the policy and accordingly the insurance company, i. e. , the appellant was not found liable. However, applying the principles laid down by the Full Bench of this court in the case of Jugal Kishore v. Ramlesh devi, 2004 ACJ 297 (MP), learned Tribunal directed the insurance company to pay to the claimants the amount of compensation and recover the sum from the insured. Aggrieved by this, the present appeal has been preferred.

(3.) MR. Harpreet Ruprah, learned counsel contended that since the insurance company was not found liable, theory of pay and recover could not have been invoked by the Tribunal and the impugned award is liable to be set aside to this extent.