ORIENTAL INSURANCE COMPANY Vs. BHANWAR SINGH AND OTHERS

JUDGEMENT

(1.) Appellant-Insurer has laid this appeal under section 173 of the Motor Vehicles Act, 1988 (for short, 'Act') to challenge judgment and award dated 22.05.2018 passed by Motor Accident Claims Tribunal, Rajsamand (for short, 'learned Tribunal'). Learned Tribunal, by the impugned judgment and award, decided Issue No.1 regarding rash and negligent driving of the insured vehicle in favour of respondent-claimants and further adjudicated Issue No.4 partly in favour of respondent-claimants. While deciding Issue No.4, learned Tribunal has considered monthly income of the deceased besides his age and future prospects for quantifying total amount of compensation to the tune of Rs. 24,96,000/-.

(2.) At the behest of appellant-Insurer, an objection was raised that the insured has violated the terms of the insurance policy, and therefore, liability to pay compensation cannot be fastened on it. In this regard, learned Tribunal settled two issues, i.e., Issue Nos.2 and 3 and finally, while deciding these two issues simultaneously, it has though exonerated the appellant-Insurer from liability to pay compensation but directed it to first pay the compensation amount to the claimants and then recover the same from the insured, i.e., owner of the vehicle.

(3.) I have heard learned counsel for the appellant and learned counsel for the respondents-caveator.