UNITED INDIA Vs. NARSINGH TANWAR

JUDGEMENT

(1.) The instant appeal under Sec. 173 of the Motor Vehicles Act, 1988 (Afterwards referred as "the Act') has been filed by the appellant - Insurance Company being aggrieved against the impugned order dtd. 26/12/2021 passed by the Motor Accident Claims Tribunal, Bikaner (Afterwards referred as "Tribunal') in MAC No.202/2014, whereby, learned Tribunal directed the Insurance Company to first pay the amount of compensation awarded and then recover the same from driver & owner of the vehicle.

(2.) Brief facts of the case are that injured Nar Singh Tanwar was occupant in a car being registration No. RJ07-CA-0237. On account of rash and negligent driving by the driver of the Car, the car turned turtle; Nar Singh Tanwar sustained injuries and another occupant Madan Singh died. Nar Singh Tanwar filed a claim petition before learned Tribunal.

(3.) The claim petition, inter alia, was contested by the appellant - Insurance Company on the ground that the Car was insured by it in the "Act Only' policy; the Insurance Company did not charge any premium for covering the risk of occupant of the Car.