Arun Bhansali, J. - (1.) THIS appeal has been filed by the appellant -Insurance Company feeling aggrieved by the judgment and award passed by the Motor Accident Claims Tribunal -I, Jodhpur ('the Tribunal'), whereby the Tribunal has passed an order of 'pay and recover' against the appellant -Insurance Company after coming to the conclusion that the owner of the vehicle has violated the policy conditions relating to the driving licence. The finding recorded and the direction issued by the Tribunal regarding violation of policy condition and thereafter directing the appellant -Insurance Company to first pay the amount of compensation and thereafter recover the same from the owner cannot be faulted in view of the provisions of Section 149(1) of the Motor Vehicles Act, 1988 and as the deceased was a third party qua the appellant -Insurance Company.
(2.) CONSEQUENTLY , the appeal filed by the appellant -Insurance Company has no substance and the same is, therefore, dismissed. No costs.;