- (1.) With the consent of the par-ties, this case is being decided at this stage itself.
(2.) The Insurance Company is aggrieved by the award dated 31.08.2010 passed by the Motor Accident Claims Tribunal, Kishangarh (Ajmer) (hereinafter referred to as the "learned Tribunal"), whereby the learned Tri-bunal has directed the appellant-Company to initially pay the compensation and to subse-quently recover the same from the owner of the offending vehicle.
(3.) The only contention raised by Mr. Vinod Tyagi, the learned counsel for the appellant, is that the learned Tribunal has erred in di-recting the Insurance Company to pay the award amount to the claimant-respondent initially and thereafter to recover the same from the owner of the offending vehicle. According to the learned counsel, the learned Tribunal could not have given such a direc-tion. Moreover, once it is held that there is breach of the policy, the Insurance Company cannot be held liable to make the payment.;