USHA Vs. MADAN LAL

JUDGEMENT

(1.) IN view of the law laid down in New India Assurance Company v. Kamla, (2001-1) PLR 830 : 2001(3) R.C.R.(Civil) 716, it is the Insurance Company which has to pay the compensation amount to the claimants in a MACT Case, notwithstanding that the Insurance Company's case is that vehicle which caused accident was being driven at the relevant time by a person who did not hold a valid driving licence. Insurance Company may be able to nail the owner (insured) and the driver in separate proceedings for recovery of the amount which it had to pay to the claimants on proving that vehicle which caused accident was not being driven by a person holding a valid licence. In this view of the matter, respondent No. 3 New India Assurance Company Limited is directed to deposit the awarded amount of compensation to the claimants with the Motor Accident Claims Tribunal, Karnal within two months. This CM is disposed of Order accordingly.