Mrs. Kanta Sibal and Others vs Sandhu Transport Co. and Others

D.V. Sehgal, J.—Heard. In view of the provisions of Section 92-A of the Motor Vehicles Act as interpreted in Oriental Fire & General Insurance Co. Ltd. v. Smt. Beasa Devi (1985) 87 P.L.R. 59 and The Oriental Insurance Co. Ltd. v. Sitla Parshad (1985) 88 P.L.R. 340, in case the Insurance Company is ultimately held not liable for the payment the amount of compensation, the amount which it had paid under the aforesaid provisions is to be recovered by it from the owner of the vehicle or any other person who has been held liable for the payment of the same. No doubt, as observed in the former case i.e. Beasa Devi''s case (supra), the Tribunal in the final award by virtue of the provisions of Sub-section (1) of 92 of the Act ought to have directed the owner of the offending vehicle to pay to the Insurance Co. the amount which it had paid to the claimants in pursuance of the award made u/s 92 A of the Act. Of course, no such direction is contained in the award. In the circumstances of the case to supply this omission, I direct that the Insurance Co shall recover the said amount from the owner of the vehicle who has been held liable for payment of the amount of compensation and not from the claimant-Appellants. This application stands disposed of accordingly.