- (1.) Heard learned counsel for the parties and perused the impugned award. This appeal has been preferred against the judgment and award dated 4.12.2012, passed by the Motor Accident Claims Tribunal/Special Judge (D.A.A.), Jalaun at Oral, passed in M.A.C.P. No. 11 of 2011. By the aforesaid Judgment the Tribunal has directed the insurance company/appellant to pay and recover the amount of compensation from the owner of the vehicle.
(2.) We in our judgment and order Dated 20.2.2013, passed in F.A.F.O. No . 1688 of 2008. M/s. United India Insurance Company Ltd. v. Smt. Maya Devi and others and in other connected appeals have observed as under: Sri S.D. Ojha has raised a preliminary objection at the very outset about maintainability of appeals relying upon the Judgment dated 12.3.2012 of the Apex Court in S.L.P. (Civil) No (s) 2341 of 2011 which arises out from the judgment and order of this Court dated 1.4.2010 passed in F.A.F.O. No. 1055 of 2010. Oriental Insurance Company Ltd. v. Smt. Kanchan Kumari and others passed by the Court. The order dated 1.4.2010 reads thus: 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.
(3.) The Oriental Insurance Company challenged the above order before the Apex Court by way of S.L.P. (Civil) No. (s). 2341 of 2011, wherein the Hon'ble Court after hearing the parties' counsel dismissed the special leave petition with the following observations: 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.;