IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.192 of 2010 DIVISIONAL MANAGER, NATIONAL INSURANCE CO. LTD. Versus LAXMINA DEVI & ANR. 3 07.07.2010 Heard Mr. Prakash Kumar, learned counsel for the appellant. This appeal has been preferred against the order dated 11th December, 2009 passed by the 1st Additional District Judge-cum-Motor Accident Claim Tribunal, Saran, in Claim Case no.07 of 2009. In a proceeding filed under Section 166 of the M.V. Act wherein, while deciding the prayer of the claim made under Section 140 of the Act regarding ad-interim compensation, the court below finding insurance of the vehicle in question etc. valid and operative, directed the insurer, the appellant, to make payment of Rs.50,000/- within stipulated period. The main grievance against the impugned order as submitted by the learned counsel for the appellant, is that in spite of taking the defence that driver of the vehicle had no valid licence and producing the report of the Investigating the Agency based on investigation by Police that the driver of ill- fated vehicle had the driving licence issued from Patna valid 2 up to 9.10.2007 with effect from 9.10.2004. The accident took place on 12.10.2008. Prima facie the driver, Md. Alamgir, not party to this appeal and no authority to ply the vehicle in question. The appellant has been directed to make payment. The provisions as contained under Section 149 of the Motor Vehicle Act, relevant portion of which reads as follows: 149. Duty of Insurers to satisfy judgments and awards against persons insured in respect of third party risks: xxx xxx xxx (4) Where a certificate of isurance has been issued under sub-section (3) of section 147 to the person by whom a policy has been effected, so much of the policy as purports to restrict the insurance of the persons insured thereby by reference to any condition other than those in clause (b) of sub-section (2) shall, as respects such liabilities as are required to be covered by a policy under clause (b) if sub-section (1) if section 147, be of no effect; Provided that any sum paid by the insurer in or towards the discharge of any liability of any person which is covered by the policy by virtue only of this sub-section shall be recoverable by the insurer from that person. (5) If the amount which an insurer becomes liable under this section to pay in respect of a liability incurred by a person insured by a policy exceeds the amount for which the insurer would apart from the provisions of this section be liable under the policy in respect of that liability, the insurer shall be entitled to recover the excess from that person. xx xxx xxx 3 It is crystal clear that even if insurer is not liable to pay the claim as per terms of policy, he may be directed to indemnify the claim with right to recover since there is also a possibility that the driving licence could have been re- validated by competent authority at different place and since matter is still pending before the court below for final adjudication at this stage it shall be premature to hold that the driver of the vehicle was not under valid authority to ply the vehicle and on that basis exonerate the appellant from liability to pay ad-interim compensation. However, it is further made clear that the appellant shall have liberty to recover the amount so paid from the owner if, ultimately, the matter is decided in his favour on due adjudication of the controversy. The statutory amount of Rs.25,000/- deposited by the appellant shall be transmitted through the court below through a demand draft in the name of the claimant towards payment of compensation. (Akhilesh Chandra, J.) AAhmad