Oriental Insurance Co. vs Renu Devi and Others

Mansoor Ahmad Mir, Actg. C.J.

Learned counsel for the appellant(s) argued that the Tribunal has fallen in error in saddling the Insurance company/appellant(s) with liability, was to be exonerated and owner had to be saddled with liability. The arguments are devoid of force for the following reasons. The claimants, insured/owner, driver and transferee have not questioned the impugned award on any count. Admittedly, the claimants were travelling in the offending vehicle/car as third party, which was being driven in violation of Registration Certificate and Insurance Policy. The rights of third party cannot be frustrated on any ground whatsoever by the insurer or the owner. The Apex Court in the latest judgment titled as Oriental Insurance Co. Ltd. Vs. Zaharulnisha and Others, has held that the insurance company has to satisfy the claim of third party with right of recovery. Having said so, learned Tribunal below has rightly saddled the insurance company with liability and has directed it to satisfy the award with right of recovery.

In view of above, appeals are disposed of. Copy of this judgment be placed on each file.