ORIENTAL INSURANCE CO. LTD. Vs. SMT. PAPPU DEVI

JUDGEMENT

(1.) Appellant-Oriental Insurance Company Ltd. has preferred this appeal, under Section 173 of the Motor Vehicles Act, 1988 (for short, 'Act'), to assail impugned judgment and award dated 06.12.2000 passed by Motor Accident Claims Tribunal (First), Jodhpur (for short, 'learned Tribunal') in Claim Case No.55/95(886/95).

(2.) The grievance of the appellant is limited to the extent learned Tribunal has directed it to pay the amount of compensation and then recover the same from the insured.

(3.) It is submitted by learned counsel for the appellant that once Tribunal has recorded its finding that insured has violated the terms of the insurance and exonerated insurer from the liability, learned Tribunal ought not to have directed the appellant to pay amount of compensation and then recover the same from insured. In support of his argument, learned counsel has placed reliance on a very vital fact that in view of conflicting decisions of Supreme Court, the matter has been referred to larger Bench and reference is still pending.