- (1.) Heard learned counsel for the appellant, Shri Sunil Kumar Singh, learned counsel for respondent no.2, Shri Rajendra Jaiswal, learned counsel for respondent nos.1 and 3 and perused the material available on record.
(2.) This appeal has been filed against Judgment and Award dated 22.01.2014 passed by the court of M.A.C.T./ Additional District Judge, Court No.8, Unnao in M.A.C. No.222 of 2013 [Smt. Usha Singh and others Vs. Lalta Prasad Mishra and others].
(3.) Learned counsel for the respondents has drawn attention of the Court towards the Judgment passed by Coordinate Bench of this Court in First Appeal From Order No.1466 of 2011 titled 'National Insurance Company Ltd. Vs. Smt. Madhumati & others' wherein it has been held that the appeal on behalf of the Insurance Company is not maintainable, if the right to recover has been given to the Insurance Company. This Court while passing the aforesaid Judgment relied upon the Judgment rendered by the Hon'ble Apex Court in S.L.P. (Civil) No(s).2341 of 2011 arising out of Judgment and Order of this Court dated 1.4.2010 passed in F.A.F.O. No.1055 of 2010 [The Oriental Insurance Company Limited Vs. Smt. Kanchan Kumari and others] wherein it was held 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/ Additional 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.";