- (1.) In this appeal filed by the insurance company under Section 173, Motor Vehicles Act, 1988, the appellant insurance company has prayed for quashing award/judgment dated 27.05.2011 passed by the Motor Accident Claims Tribunal, Jaitaran (District Pali) in Claim Case No.146/2004 (52/2005).
(2.) It appears that in the claim petition filed by the respondent-claimants under Section 166, Motor Vehicles Act, the Claims Tribunal awarded Rs.2,34,250/- along with 7.5% interest and the said award has been passed against respondents No.6 and 7 while exonerating the appellant insurance company but, order has been passed against the insurance company first to indemnify the award and, 1thereafter, recover the amount from driver and owner of the vehicle, respondents No.6 and 7 respectively.
(3.) Learned counsel for the appellant submits that once the insurance company has been exonerated from the liability, then, the order to first indemnify the award and, thereafter, to recover the amount of compensation from respondents No.6 and 7 is erroneous. Therefore, the award impugned may be quashed to the extent of indemnifying the award first and then to recover the said amount from the driver and owner of the vehicle.;