ORIENTAL INSURANCE CO. LTD. Vs. ASHOK AND ORS.

JUDGEMENT

(1.) THIS appeal has been preferred under Sec. 173 of the Motor Vehicles Act against the judgment and award dt. 16.6.2012 passed by the Judge, Motor Accident Claims Tribunal, Pali in MACT Case No. 15/2009 whereby the petition of the appellant has been allowed and the insurance company has been exonerated from the liability but at the same time, direction has been given to the insurance company to first pay the compensation awarded and then to recover it from the owner of the offending vehicle. The grievance of the present appellant is that this liberty is bad according to settled principles of law. Heard learned counsel for the petitioner and the learned counsel for the respondents at the admission stage itself.

(2.) IN Kusum Lata & Ors. vs. Satbir & Ors., : AIR 2011 SC 738, it has been held as under: - -