IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH F.A.O. No. 6969 of 2011 (O&M) Date of decision : December 02, 2011 Bajaj Allianz General Insurance Company Limited ....Appellant versus Rekha Devi and others ....Respondents Coram: Hon'ble Mr. Justice L.N. Mittal Present : Ms. Subhash Goyal, Advocate, for the appellant L.N. Mittal, J. (Oral) CM No. 28749.CII of 2011 For reasons mentioned in the application which is accompanied by affidavit, delay of 57 days in filing the appeal is condoned. FAO No. 6969 of 2011 Insurance Company Bajaj Allianz General Insurance Company Limited has filed the instant first appeal assailing award passed by learned Motor Accident Claims Tribunal, Bhiwani (in short, the Tribunal) thereby awarding compensation to claimants/respondents no. 1 to 5 in claim petition filed by them under section 166 of the Motor Vehicles Act, 1988. I have heard learned counsel for the appellant and perused the case file. Counsel for the appellant contended that the Tribunal has found that the driver was not holding valid driving licence and thereby violated conditions of Insurance policy but in spite thereof, the appellant insurer F.A.O. No. 6969 of 2011 (O&M) -2- has been directed to pay the compensation amount to the claimants with right to recover it from driver and insured of the vehicle. It was contended that the appellant Insurance Company could not be directed to pay compensation amount to the claimants even in the first instance. The contention cannot be accepted in view of judgment of Hon'ble Supreme Court in Oriental Insurance Company Limited versus Swaran Singh, 2004(1) ACC1 (SC) and other judgments referred to by the Tribunal in its impugned award. Counsel for the appellant also contended that in order to secure the interest of the appellant-insurer to recover the compensation amount from driver and insured of the vehicle after paying it to the claimants, certain further directions should have been issued by the Tribunal regarding attachment of the offending vehicle and furnishing of security by the insured owner of the vehicle etc. However, the appeal cannot be entertained on this ground because the appellant after paying the compensation amount to the claimants is at liberty to file execution petition before the Tribunal and to seek necessary directions from the Tribunal. For the reasons aforesaid, I find no merit in the instant appeal which is accordingly dismissed in limine. The amount of Rs 25,000/- deposited by the appellant in this Court for preferring this appeal be sent to the Tribunal for disbursement to the claimants in accordance with award. ( L.N. Mittal ) December 02, 2011 Judge 'dalbir'