IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. FAO No. 438 of 2010 (O&M) Date of Decision: 10.2.2010 Reliance General Insurance Company Ltd. ....Appellant Versus Rekha Rani and others ...Respondents CORAM : Hon'ble Mr. Justice Rajesh Bindal Present:- Mr.Subhash Goyal, Advocate for the appellant. RAJESH BINDAL, J Challenge to the award of the Tribunal in the present appeal filed by the Insurance Company is on the ground that when there is definite finding recorded by the Tribunal about the violation of terms of policy and Insurance Company was not held liable but still direction has been issued to the appellant to pay the amount to the claimants and recover the same from the insured. The submission is that when insurance company is not liable to pay compensation why at the fist instance it should be directed to pay and then recover from the owner/driver. This results in unnecessary burden on the insurance company as amount is not recovered lateron. Reliance is place on National Insurance Co. Ltd and others Vs. Parvathneni and another,(2010-1) 157 PLR 228 where doubt has been expressed on the earlier judgments of Hon'ble the Supreme Court, where similar directions had been given inspite of the fact that the Insurance Company was not held liable finally. Considering the fact that there are number of earlier judgments taking the view that Insurance Company should first pay the amount and thereafter get it recovered from the insured in case it is not liable to pay the compensation, has not yet been overruled. It is only that a Bench of Hon'ble Supreme Court has expressed its reservation about the views expressed earlier and the papers were placed before Hon'ble the Chief Justice of India for constituting a larger bench to decide the issue. Till such time the judgments taking the view which has already been expressed in number of judgments by Hon'ble the Supreme Court is overruled, mere reference to a larger bench will not take away their precedent value. Accordingly, the present appeal is dismissed. Consequently the application for condonation of delay is also dismissed. The amount deposited along with the appeal be transferred to the Motor Accident claims Tribunal Kaithal, for disbursement to the claimants. (RAJESH BINDAL) 10.2.2010 JUDGE Reema