- (1.) The instant first appeal from order under Section 173 of the Motor Vehicles Act, 1988 has been filed by Bajaj Allianz General Insurance Company Ltd. against the award dated 15.1.2013 passed by the learned Motor Accident Claims Tribunal/Additional District Judge, Court No. 3, Faizabad in Motor Accident Claim Petition No. 345 of 2011, Arvind Kumar Yadav v. Santosh Kumar Gupta and another, whereby Bajaj Allianz General Insurance Company Ltd. was directed to pay Rs. 5,86,073 towards compensation to the claimants alongwith simple interest at the rate of 6% per annum from the date of filing the claim petition till realization of the amount. It was also provided that Bajaj Allianz General Insurance Company Ltd. has got right to recover the awarded amount from the owner of the vehicle. It has been informed at the Bar that on considering the identical issue, a Division Bench of this Court at Allahabad, vide Judgment and order dated 1.4.2010 passed in First Appeal From Order No. 1055 of 2010. Oriental Insurance Company Ltd. v. Smt. Kanchan Kumari and others, dismissed the appeal. The order dated 1.4.2010 is reproduced as under: This is an appeal filed by the insurance company against the Judgment and decree dated 28.1.2010 passed by the Motor Accident Claims Tribunal/Addl. District Judge (Court No. 4), Saharanpur in M.A.C. No. 134 of 2008. Perusal of impugned order shows that the insurance company has got right of recovery, therefore, it cannot be said that the insurance company is aggrieved by the award. However, it is open for the insurance company to recover the amount from the owner. Since the appellant is not an aggrieved party, therefore, the appeal is dismissed. Challenging the above Judgment and order dated 1.4.2010, the Oriental Insurance Company Ltd. has approached the Apex Court by filing S.L.P. (Civil) No. 2341 of 2011. The Apex Court, vide judgment and order dated 12.3.2012, dismissed the appeal. The order dated 12.3.2013 is reproduced as under: This petition is directed against judgment dated 1.4.2010 of the Allahabad High Court whereby the appeal filed by the petitioner under Section 173(1) of the Motor Vehicles Act, 1988 questioning the correctness of the award passed by the Motor Accident Claims Tribunal, Saharanpur (for short, 'the Tribunal') in M.A.C. No. 134 of 2008 was dismissed. We have heard learned counsel for the parties and carefully perused the record. In our view, the direction given by the Tribunal to the petitioner to pay compensation and recover the same from the owner is in consonance with the law laid down by this Court in National Insurance Company Ltd. v. Swaran Singh and others, 2004 3 SCC 297. The special leave petition is accordingly dismissed.
(2.) In view of the above Judgment of this Court as well as Apex Court, it is quite clear that right of recovering the amount of award from the owner of the vehicle has been given to the insurance company and he is not an aggrieved person within the meaning of Section 173(1) of the Motor Vehicles Act, 1988 and as such, he cannot prefer an appeal against the award in question.
(3.) From the above reasons, we find that the instant appeal is not maintainable as the appellant is not the aggrieved person. Accordingly, the F.A.F.O. is dismissed. The statutory amount, which has been deposited before this Court by the appellant at the time of filing the instant appeal, shall be remitted to the Tribunal concerned within three weeks from today.;