Co. Ltd Vs. Mayawati & Ors.  INSC 1835 (24 October 2008)
JURISDICTION CIVIL APPEAL NO. 6528 OF 2008 (Arising out of S.L.P. (C)
No.10592/2006) National Insurance Co. Ltd. ...Appellant Versus Mayawati &
Ors. ...Respondents O R D E R Leave granted.
Having heard learned
counsel for the parties, we are of the opinion that the Tribunal having found
that the driver of the vehicle in question did not possess an effective and
valid licence and, therefore, while directing the appellant to pay the amount
to the claimants on the premise that they were third parties and recover the
same from the owner of the vehicle, the High Court while entertaining the
appeal of the appellant could not have set aside that portion of the order. The
impugned judgment, therefore, cannot be sustained.
It is stated at the
Bar that a part of the awarded amount has been deposited before this Court
which has been invested in a short term Fixed Deposit and a part thereof has
been deposited before the M.A.C.T., Gonda apart from an amount of Rs.25,000/-
deposited before the High Court by way of statutory deposit.
claimant-respondents will be entitled to withdraw the aforementioned amount
from this Court tribunal as also the High Court.
-1- However, it will
be open to the Insurance Company to recover the amount deposited by it from the
owner of the vehicle.
aforementioned observation and directions, the appeal is disposed of.
[ CYRIAC JOSEPH ]