This is an appeal filed under Section 173 of the Motor Vehicle Act, 1988 arising out of judgment/order dated 07.04.2003 passed in M.A.C.P. No.153/2000. A perusal of the impugned judgment/order passed by the Tribunal reveals that the insurer has been granted right of recovery from the owner. In these circumstances, the maintainability of the present appeal is questionable.
Sri Rajesh Jaiswal, learned counsel for the claimant respondent nos.1 to 5 has argued that once the right of recovery is granted to the Insurance Company, the appeal at the instance of such a party would not lie. The position of law in this regard is well settled.
The present appeal is dismissed as not maintainable.
The statutory deposit made before this Court is remitted to the Tribunal for necessary adjustment towards the satisfaction of the claim.
Order Date :- 11.2.2021 Ashok Gupta