IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA FAO No. 376 of 2007 Date of Decision : November 3, 2009 The Oriental Insurance Company Ltd. Appellant Versus Sh. Gulshan Kumar and others Respondents Coram: Hon’ble Mr. Justice Sanjay Karol, Judge. Whether approved for reporting?1 No. For the appellant : Dr. Lalit K. Sharma, Advocate, for the appellant. For the respondents : Mr. Anup Rattan, Advocate, for respondent No.1. Mr. Jai Dev, Advocate, vice Mr. Ajay Chandel, Advocate, for respondent No. 2. Sanjay Karol, J. (Oral) The present appeal has been filed by the insurer only on the limited ground that the direction of the Tribunal to pay the amount to the claimant and then recover it from the owner is uncalled for in the facts and circumstances. In terms of the impugned award dated 27.6.2007 passed by the Motor Accident Claims Tribunal (III), Kangra at Dharamshala, in M.A.C.P. No. 37-K/2002, titled as Sh. Gulshan Kumar versus Sh. Dilawar Singh and others, the Tribunal while deciding the petition filed under Section 166 of the Motor Vehicle Act, 1988 and awarding 1 Whether reports of Local Papers may be allowed to see the judgment? 2 compensation to the claimant amounting to Rs. 3,08,200/- along with interest @ 7.5% per annum has directed the insurer of the vehicle in question to first pay the amount to the claimant and then recover it from the owner and the driver by filing execution proceedings. On 20.3.2001, claimant Sh. Gulshan Kumar sustained serious injuries in a motor accident as a result of which he had to be hospitalized and also sustained disability to the extent of 40%. The claimant being 25 years of age and having an income of Rs. 24,000/- per annum was awarded a sum of Rs. 3,08,200/- as compensation under all heads. The driver was held to be negligent. The vehicle in question being driven in violation of the terms of the policy the claimant was held to be a gratuitous passenger. These findings of fact have not been assailed or disputed by any party. The insurer was directed to pay the amount to the claimant and then recover the same from the owner of the vehicle. Keeping in view the decision rendered by the Apex Court in National Insurance Co. Ltd. versus Laxmi Narain Dhut, (2007) 3 SCC 700 which has been subsequently followed in United India Insurance Company Limited versus Santro Devi and others, (2009) 1 SCC 558, I am not inclined to interfere. As directed by the Tribunal it shall be open for the insurer to immediately recover the amount from the owner in accordance with law. The amount deposited by the insurer 3 in this Court shall be released to the claimant upon moving an appropriate application. Appeal is disposed of. (Sanjay Karol), Judge. November 3, 2009 (PK)