- (1.) Leave granted.
(2.) This appeal is directed against the judgment dated 28.08.2015 passed by the High Court Himachal Pradesh at Shimla whereby the High Court disposed of the FAO and modified the order passed by the Tribunal holding the insurer liable and given the recovery rights to the Insurance Company against the appellant herein.
(3.) The facts, in brief, are as follows :- i) The appellant herein got his Tractor and Trolley insured with the National Insurance Company Limited, Respondent No.1 herein and that extra premium was also paid for the insurance of the driver of the vehicle and three employees. ii) The vehicle met with an accident. The Claimants/proforma respondents filed claim petition in lieu of death of one Mohammad Khatrudin alias Khabu before the Motor Accidents Claim Tribunal (in short 'the Tribunal'). iii) The Tribunal decided the claim petition on its merits in favour of the claimants and fastened the liability on the Respondent No.1-Insurance Company with a direction to the Insurance Company to indemnify the insured as Insurance Company has charged the premium for three persons excluding the driver of the tractor from the owner of the tractor at the time of issuance of the insurance policy. iv) The Insurance Company, being aggrieved by the order of the Tribunal saddling it with the liability, filed FAO No. 106/2009 before the High Court of Himachal Pradesh. v) The High Court, by impugned judgment, disposed of the FAO and modified the order passed by the Tribunal holding the insurer liable and given the recovery rights to the Insurance Company against the appellant herein. vi) Being aggrieved, the appellant preferred this appeal, by way of special leave. ;