Court No. - 3
Case :- FIRST APPEAL FROM ORDER No. - 2544 of 2018 Appellant :- Oriental Insurance Company Respondent :- Omkar Singh And 4 Others Counsel for Appellant :- Manish Goyal
Hon'ble Pankaj Mithal,J. Hon'ble Rajiv Joshi,J.
Heard Sri Manish Goyal, learned counsel for the appellant-Insurance Company.
This appeal has been preferred by the appellant- Insurance Company against the award dated 15.3.2018 passed by the Motor Accident Claims Tribunal, whereby the claim has been allowed and the sum of Rs. 9,37,200/- has been awarded to the claimant-respondents. The liability to pay the said compensation has been saddled upon the owner of the vehicle but the appellant-Insurance Company has been directed to deposit the same in the first instance and to recover it from the owner.
In other words, the award of the Tribunal is against the owner of the vehicle and the appellant-Insurance Company has been directed to satisfy it and to recover the amount from the owner. It means the appellant- Insurance Company has to pay and recover the amount.
Since the appellant-Insurance Company has been given right to recover we expressed our prima facie opinion that the appeal is not maintainable.
Sri Manish Goyal learned counsel for the appellant Insurance Company in the above context submits that the appellant-Insurance Company was permitted under Section 170 of the Act to be impleaded as a party to contest the matter before the Tribunal and as such it has the right to challenge the award in appeal on merits as well.
There may not be two different opinions on the right of the appellant-Insurance Company to challenge the award on merits where permission under Section 170 of the Act has been granted but the principle would not apply in cases where right of recovery has been given to the appellant- Insurance Company.
Section 173 of the Act which provides for the appeal against award of the Tribunal provides the right to challenge the award to a person aggrieved by an award. The appellant-Insurance Company is not a person aggrieved as it has been given right to recover the amount payable it. The award in such cases is not against the Insurance Company but against the owner of the vehicle.
In view of the aforesaid fats and circumstances, we are of the opinion, that as the appellant-Insurance Company has been given right to recover the amount payable by it, it is not a person aggrieved entitled to maintain this appeal.
The appeal is not maintainable and is dismissed.
Order Date :- 29.5.2018 Akbar