NATIONAL INSURANCE CO Vs. BEENA DEVI

JUDGEMENT

(1.) CHALLENGE in this appeal is to the judgment and award dated 15th September, 2004 rendered by the Motor Accident Claims Tribunal, Kotputli, District Jaipur whereby the learned Tribunal decreed an amount of Rs.4,60,000/- as compensation in favour of the claimants-respondents and against the appellant and respondent Nos.5 and 6.

(2.) THE learned counsel for the appellant-National Insurance Co. Ltd. has not raised any dispute about the payment of the amount of compensation under the award. He has focused his argument only on this point that he may be granted liberty to recover the amount of compensation from the owner by initiating proceedings before the executing Court. Citing the judgment of Pramod Kumar Agarwal and anr. Vs. Mushtari Begum and ors., the learned counsel has contended that the Honourable Apex Court held in this case that the Insurance Co. shall not be required to file a suit to recover the amount of compensation from the owner and in the light of the judgment the order may be passed accordingly.