Mr Tushar Sheth, learned counsel for the appellants submit that the Tribunal has committed an error in not giving direction to the insurance company to pay the amount of compensation to the claimant and then to recover the same from the owner of the vehicle. In support of his contention, he relied upon the decision of the Apex Court in SLP (C) No.8660 of 2009 and in the case of Kusum Lata & Ors. v. Satbir & Ors., reported in 2011 ACJ 926.
As against that, Mr Shalin Mehta has relied upon the decision of the Apex Court in the case of National Insurance Co. Ltd. v. Swaran Singh And Ors., reported in (2004) 3 SCC 297, more particularly paragraph 108 of the said decision.
Appeals are admitted only for the purpose of multiplier.
(K.S.Jhaveri, J.) *mohd Top