FAO No.5776/2009 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH FAO No.5776/2009 Date of decision: 06.09.2011. United India Insurance Company Ltd. ....................Appellant v. Dalip Kaur and others .....................Respondents Coram: Hon'ble Mr.Justice Jaswant Singh Present: Mr.Sanjiv Pabbi,Advocate for the appellant. Mr.Rishav Jain,Advocate for Mr.Arihant Jain,Advocate for respondents 1 to 3-claimants Mr.Anil Chaudhary,Advocate for respondent no.4- Driver of the offending Canter. Jaswant Singh.J.(Oral) Appellant-Insurance Company has filed the present appeal against the award dated 31.8.2009 passed by learned Motor Accident Claims Tribunal, Sangrur. It is apparent that the claim petition under Section 166 of the Motor Vehicle Act filed by respondents 1 to 3-claimants for grant of compensation on account of death of Harnek Singh in a motor vehicular accident on 2.5.2006 due to the alleged rash and negligent driving of Canter bearing registration no. PB-10-G-9476 was allowed vide award dated 31.8.2009. The claimants were found entitled to a FAO No.5776/2009 2 compensation of Rs.2,46,000/-. The appellant-Insurance Company being the insurer was absolved of the liability due to the driving licence of the driver having been found to be invalid and further for non- possession of a valid permit for plying the offending vehicle on the date of accident since the permit was renewed subsequently. However, the insurance company was directed to pay the compensation in the first instance with right to recover from the owner of the offending vehicle. At the time of arguments it has been pointed out by the learned counsel for the parties that respondents-claimants have received the compensation deposited by the insurance company and have also filed a cross objection for enhancement of compensation. Faced with this situation, learned counsel for the appellant is unable to press this appeal since the remedy available for recovering the amount of compensation from the owner is available to it. Dismissed as infructuous. 06.09.2011 (Jaswant Singh) joshi Judge