(1.) THE challenge in the present appeal is to the award rendered by the learned Motor Accident Claims Tribunal on 17.11.1984, whereby a sum of Rs. 40,000/- was awarded as compensation to the claimant payable by the present appellants being owner and the driver of the offending vehicle.
(2.) AS per the claimant, on 11.9.1982 he met with an accident. He was riding scooter No. HRT 6130 when a blue colour tractor driven by Hans Raj struck against this scooter. Richhpal Singh, appellant No. 2 was sitting on the mud guard of the said tractor. In the said accident, the claimant received injuries on his head, right arm, right leg and left foot. There was 40% of the deformity on his right hand on the junction of elbow.
(3.) THE Hon'ble Supreme Court in New India Assurance Co. Shimla v. Kamla and others, 2001(3) RCR(Civil) 716 : (2000-1)127 PLR 830 (SC) : AIR 2001 Supreme Court 1419 has held that when a valid insurance policy has been issued in respect of a vehicle, the burden is on the insurer to pay to third parties whether or not there has been any breach or violation of the policy conditions. But the amount so paid by the insurer to third parties can be allowed to be recovered from the insured if as per the policy conditions, the insurer had no liability to pay such sum to the insured. The said view was reiterated by the Hon'ble Supreme Court in National Insurance Company Ltd. v. Swaran Singh and others, 2004(2) RCR(Civil) 114 : (2004-1)136 PLR 510 (SC) : AIR 2004 Supreme Court 1531, wherein it was held that the liability of the Insurance Company is to satisfy the decree at the first instance and to recover the awarded amount from the owner and the driver thereof.