BUDH RAM AND ANR Vs. BALBIR AND ORS

JUDGEMENT

(1.) This appeal, by the driver and owner, is directed against the impugned part of the award dated 30.11.2007, passed by the learned Motor Accident Claims Tribunal, Hisar, vide which while allowing claim petition filed under Section 166 of the Motor Vehicles Act, of the claimant/respondents, the right of recovery has been granted to the Insurance Company for recovering the awarded amount from the appellants.

(2.) As the dispute is only as to whether the right of recovery could be granted to the Insurance Company, in the facts and circumstances of the case, only relevant facts to this controversy are required to be noticed.

(3.) It is not in dispute that on appreciation of evidence, the learned Tribunal, recorded a finding that the accident took place on 30.9.2005 due to the rash and negligent driving of the offending vehicle No. RJ-14G/8342 driven by appellant No. 1. It was also not disputed, that the claimant/respondents, were entitled to compensation on account of death of Smt. Soma Devi.