UNITED INDIA INSURANCE COMPANY LIMITED Vs. VINOD KANWAR

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.434/2013, whereby, learned Tribunal after exonerating the appellant ' Insurance Company from liability to pay compensation directed the Insurance Company to first pay the amount of compensation awarded and then recover the same from driver and owner of the vehicle.

(2.) Brief facts of the case are that deceased Madan Singh 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; Madan Singh and another occupant Narsingh sustained injuries. Madan Singh succumbed to the injuries. Legal heirs of Madan Singh 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.