JUDGEMENT
K.S.RATHORE,J. -
(1.) THE present controversy is fully covered by judgment rendered by Hon'ble Supreme Court in Case of National Insurance Co. Ltd. v. Baljit Kaur and Ors.
wherein Hon'ble Supreme
Court directed the insurer to satisfy the awarded amount and recover the same from the owner of the vehicle simply by initiating a proceeding before the Executing Court without filing a separate suit. The same view has been taken by the Division Bench of this Court while considering the judgment in the case of
National Insurance Co. v. Kamla and Ors. and
held that the appellant
Assurance Company will be entitled to recover the awarded amount from the owner/driver.
(2.) IN view of the ratio decided by Hon'ble Supreme Court and this Court, the appellant-Insurance Company is entitled to recover the amount of award from the owner of the vehicle by initiating the proceedings before the Executing Court in the same proceedings. The amount awarded by the Claim Tribunal be disbursed according to the terms and conditions of the award dated 2.6.2001 passed by the MACT, Kota. Accordingly, the Misc. appeal stands disposed of.;
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