MADAN SINGH Vs. NEW INDIA ASSURANCE CO. LTD

JUDGEMENT

(1.) THE present appeal has been filed by the appellant-claimant against the award dated 20.8.99 passed by the MACT, Kotputli, District Jaipur in MAC No. 232/93 whereby the Tribunal while exonerating the respondent No.1-Insurance Company, has directed the respondent Nos. 2 and 3 to pay the compensation to the appellant in the sum of Rs. 26,000/- with interest @ 12% per annum from the date of application till realisation.

(2.) IT has been submitted by the learned counsel Mr. Sandeep Mathur for the appellant that the Tribunal has committed an error in not holding the Insurance Company liable and in fastening the liability only on respondent Nos. 2 and 3 i.e. the owner and driver. He further submitted that the respondent No.2 M/s. Granite India having been closed, it is difficult to recover the amount of compensation from the said respondent. Relying upon the judgments of the Apex Court in the case of National Insurance Company Ltd. Vs. Swaran Singh & Ors. RLW 2004(2) SC, 161 and in the case of Sohan Lal Passi Vs. P. Sesh Reddy & Ors. 1996 ACJ 1044, Mr. Mathur has submitted that the Insurance Company is initially liable to pay the compensation to the claimant even if the Insurance Company had proved its statutory defence before the Tribunal and that it could later on recover the same from the respondent Nos. 2 and 3.