3‘« r, Misc. i APPELLAKT Unined Linntcd, Stac' and , u . RE$POHDEKT§ 1. year msiclont Biiaapur 2. Laxx Ram, 13.0. Dist 3. Ram, . RO. Dist 18-4-2Q07 Sm Pankaj AgraWal, None appears for tbs Heard. The appdlantj insurance against the award dated 13i2004 by 10m Additionzd (F.T.C.), Bilaspur whereby awarded in favour of the and 3 have been jointly and Amai iio. 49§i2$0$ india Insurance Company through Branch Manager, ium Road, T.P. Nagar, Korba, Tahsil District Korba (GER), (insurance _ __ Com .__P_ani} I‘ Versus Halvrasad Suryavanshi, aged about 32 3, son of Bhadauram Suryavanshi, of viliage $is, Diprapara, RS. Ratsnpur, Tahsa Ratgmpur, Disfl‘ict Claimani m'naravan, aged '25 years, son of Mirit (C.G.) Casté Gond, msident cf Pulalikala, Podi (Lafa), Tahsil and RS. F’ali, ict Korba (QCn) VPhic1e tiriver Ramnarayan, aged '29 years, son of Min'i Caste. Goad; Ros Lit of PulaEéala, FO‘ii (Lafa}, Tahsu {£161 RS. F'ali, 'ict Korba (C.G.) Vtahicle owner Aivocate for the appeilant. rEspondents. Company has preferred this appeal 31-1—2005 passed gn Claim Case No. Motor Accident Ciaims Tribunal a sum of Rs. 53,000/— has been respondent No. i. The respondents No. 2 severely made hable for payment of XI-HC—7 8 . W WW, m, mi mwm WW f§ém $W§Im 9 i compensation absolving the appellant from liability of payment of compensation, however tle appellant has been directed to pay ‘ compensan'on to the claimant, and heid that the appellant shall be ‘ €ntitl€cl to recover the anount of compensation from the owner i I i Ram Naravan. 1 u ln View of the law laid Clown by Hon’lole Supleme Court in the matter of $at'ional insmance éo. Rd. -v- Swaran Singj ami others reportmi in 2004 All §éW 363, the discretion exercised by the Claims Tribunal in dire cting the appellant to satisfy the award at flrst instance and liberty to the appellant to recover the awanied amount from the owner or driver thereof does not require inteiference and the appeal cleserves to he dismissed and it is accom‘ingly dismissed. HOV‘ever, it is made clear that dismisSal of this appeal shall not come in the way in appeal, if any, prefened by the respondents. - Sdl- DI-HRENDRA ,MISMA Judge ’ W m9N°H39Q003;L 200 3mm (W) , 7