BALDEV SINGH Vs. KAMALJIT KAUR

JUDGEMENT

(1.) Aggrieved against the award of the Motor Accidents Claims Tribunal, Ferozpur (hereinafter referred to as 'the M.A.C.T.'), the appellants being the owner of the truck which was involved in the accident leading to the death of Mohinder Singh, have filed the present F.A.O. The M.A.C.T. has held the appellants liable to pay the compensation jointly and severally with the insurance company. The insurance company has been directed to pay the entire compensation. It has, however, been ordered that thereafter the insurance company can recover the same from appellants. The appellants have filed an application under section 173 (1) of the Motor Vehicles Act read with section 151, Civil Procedure Code for exemption from depositing the amount of Rs. 25,000.

(2.) We have heard the learned counsel for the appellants at length.

(3.) We have directed the counsel for the appellants time and again to comply with the provisions of section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act'). However, the learned counsel for the appellants is adamant that the appellants are entitled to exemption from payment of the amount required to be paid under section 173. Counsel for the appellants has vehemently argued that in the present case, the insurance company had been directed to make the payment. Therefore, insurance company has the remedy to recover the amount from the appellants. He also submits that the entire amount has been paid by the insurance company. Therefore, nothing is now to be paid by the appellants to the claimants.