MADHU Vs. MUKESH KUMAR

JUDGEMENT

(1.) Instant appeal has been preferred by the claimants-appellants against the impugned judgment and award dtd. 27/7/2006 passed by the Court of Motor Accident Claims Tribunal, Bandikui, Rajasthan (hereinafter referred to as 'the Tribunal') in Motor Claim Case No.81/2006 by which claim petition filed by the claimants-appellants was allowed and the respondentinsurance Company has been exonerated and the respondent Nos. 1 and 2 (driver and owner) of the vehicle have been directed to pay the compensation of Rs.4,14,600.00 to the claimants-appellants.

(2.) Learned counsel for the claimants-appellants submits that while deciding the issue No.3, the Tribunal has recorded an erroneous finding that the deceased was travelling in vehicle in the capacity of a passenger. Counsel further submits that no evidence was led on behalf of the respondent-insurance Company that there was any breach of policy or that the deceased was travelling in the vehicle in the capacity of gratuitous passenger. Counsel submits that even if this fact is treated as it is, then also the direction could have been issued by the Tribunal to the respondent-insurance Company to first pay the amount of compensation to the claimants-appellants and then recover the same from the driver and owner of the offending vehicle.

(3.) In support of his contention, learned counsel has placed reliance on the judgment of the Hon'ble Apex Court in the case of Manuara Khatun and Ors. Vs. Rajesh Kumar Singh and Ors., reported in 2017 (1) WLC (SC) Civil 488. Counsel submits that in view of the submissions made here-in-above, the findings recorded by the learned Tribunal on issue No.3 may be modified and directions may be issued to the respondent-insurance Company to pay the amount of compensation to the claimants-appellants and then recover the same from the driver and owner of the offending vehicle.