Dhrub Narayan Upadhyay, J. - (1.) THIS appeal has been preferred by the appellant National Insurance Co. Ltd. against the judgment and award dated 5.2.2008 passed by Addl. District Judge (FTC III) cum Motor Vehicles Accident Claims Tribunal, Jamshedpur, in connection with Compensation Case No. 163 of 2006 whereby and whereunder the learned tribunal has allowed compensation to the extent of Rs. 1,72,000/ - (rupees one lakh and seventy two thousand) to the claimant/respondents and the compensation amount was directed to be paid by the insurance company after deducting Rs. 50,000/ - (rupees fifty thousand) it paid by way of interim compensation and the balance amount of Rs. 1,22,000/ - shall be paid with interest @ 6 % per annum from the date of application i.e. 10.11.2006. Heard the counsel for the parties.
(2.) IT is submitted that the tribunal has held that the owner of the vehicle had permitted the vehicle to be driven by a person who was not having a valid licence and also observed in the concluding line in para 10 of the impugned judgment that the insurance company may recover the amount of compensation from the owner of the offending vehicle, but again while deciding issue No. 5 in para 12 contradictory finding has been given by the learned tribunal by observing that the insurance company is directed to indemnify the liability of the owner because the vehicle was covered under the insurance policy at the relevant time. Learned counsel appearing on behalf of the respondent claimant has submitted that they have received rupees fifty thousand and the claimant should not be harassed in the dispute prevailing between the insurer and the insured.
(3.) I have gone through the impugned judgment and the relevant paragraphs referred to above. Since the learned tribunal has held that the vehicle at the relevant time was being driven by a person who was not having valid licence, the appellant insurance company will have the recovery right and the amount paid to the claimant may be recovered from the owner of the vehicle.;