ANIL KUMAR GUPTA Vs. ORIENTAL INSURANCE COMPANY LTD

JUDGEMENT

(1.) Challenge in both these appeals is to the judgment and award, dated 30th April, 2011, made by the Motor Accident Claims TribunalI, Sirmaur District at Nahan, H.P. (for short "the Tribunal") in MAC Petition No. 13MAC/2 of 2008, titled as Shri Vishal Gupta and another versus Shri Anil Kumar Gupta and another, whereby compensation to the tune of Rs. 14,75,000/ with interest @ 7.5% per annum from the date of the petition till its realization came to be awarded in favour of the claimants and the insurer was directed to satisfy the impugned award at the first instance with right of recovery (for short "the impugned award").

(2.) The claimants have not questioned the impugned award on any count, thus, has attained finality so far it relates to them.

(3.) The ownerinsuredcumdriver of the offending vehicle has questioned the impugned award by the medium of FAO No. 234 of 2011 on the ground that the Tribunal has fallen in an error in granting right of recovery to the insurer.