PURSHOTTAM Vs. ORIENTAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) The challenge in the present revision petition is to the order dated 22.9.2005 passed by the learned Executing Court whereby the objections filed by the petitioner that the Insurance Company cannot recover the amount paid by the Insurance Company to the claimant but instead is required to file a civil suit for the recovery of the claimed amount were dismissed.

(2.) Vide award dated 12.6.2001, the claimants were awarded a sum of Rs.2.45,000/- in a claim petition filed under Section 166 of the Motor Vehicles Act, 1988. In para No.19 of the award, the Insurance Company was found entitled to recover the amount from Vijay Kumar driver and Parshottam owner. Said award passed by the learned Motor Accident Claims Tribunal has attained finality. In the execution filed by the Insurance Company to recover the amount of compensation from the petitioner who is owner of the vehicle, the objection was filed that the claim is not executable and the Insurance Company should file regular civil suit.

(3.) The learned Executing Court dismissed the objections on the ground that the award which is sought to be executed, the petitioner was duly represented and that they are without any merit.