1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.1656 OF 2009 United India Insurance Co. Ltd. ..Appellant V/s. Smt.Deepanjali Diwakar Dalvi ..Respondents & ors Mr.Rahul Mehta i/b.KMC LEGAL VENTURE, Advocate, for the appellant Mr.T.J.Mendon, Advocate, for the respondent Nos.1 to 4 CORAM : C. L. PANGARKAR, J. DATE : 9TH FEBRUARY, 2010 P.C. . Heard the learned counsel for the parties. 2. Rule. 3. Rule, returnable forthwith. 4. Heard with the consent of the parties. 2 5. This Appeal is preferred by the United India Insurance Company Limited aggrieved by the Award passed by the Motor Accident Claims Tribunal in MACP No.2163 of 1997. On the date of the incident, respondent No.1 was travelling in a Jeep alongwith his friends. The said Jeep met with an accident in as much as it was hit by another vehicle bearing No. MH-20/F/5172. The deceased sustained injuries in the said accident of which he died. He was working as Security Guard with the Port Trust. His Salary was Rs.5000/- per month. The said application was filed by the heirs of the deceased Diwakar. They had claimed a compensation of Rs.7,50,000/-. 6. The application was opposed by the United India Insurance Company Limited i.e.opposite party No.2 as well as the owner of the offending vehicle. The learned Judge of the Tribunal found that the claimants, who 3 had filed the Petition were entitled to compensation of Rs.7,50,000/-. He further directed the United India Insurance Company Limited as well as the owner to pay the amount of the Award. The United India Insurance Company Limited, however, challenges the Award on the ground that the driver driving the vehicle did not hold the valid driving license. 7. The learned counsel for the appellant submits relying on the decision reported in 2004 ACJ page 1 that the Court may pass an Order directing the Insurance Company to first satisfy the Award and then to recover the said amount from the owner. The learned counsel for the appellant submits that the United India Insurance Company Limited has no objection, if the Court gives such directions. 8. In the circumstances, following Order is passed. 4 (i) The above First Appeal is partly allowed (ii) The Order passed by the Tribunal is modified to the extent that it will be the United India Insurance Company Limited i.e. the present appellant, who shall satisfy the Award and it shall be at liberty to recover the said amount from the owner without filing any Suit and in the execution proceedings itself. (iii) Parties to bear their own costs. (C.L.PANGARKAR, J.)