THE HON’BLE SRI JUSTICE D.S.R.VARMA CIVIL MISCELLANEOUS APPEAL No.2217 of 2003 ORAL JUDGMENT: Heard both sides. Challenging the quantum of compensation awarded by VI Additional District Judge-cum-Motor Accident Claims Tribunal, Visakhapatnam (for brevity “the Tribunal”), in M.O.P.No.958 of 2001, by the order, dated 30.09.2002, wherein and whereunder a sum of Rs.76,850/- was awarded as compensation for the injuries sustained by the petitioner therein, in a road accident that occurred on 13.02.2000, the National Insurance Company Limited filed the present Civil Miscellaneous Appeal. The particulars of the accident i.e., the method and manner in which it occurred and the aspect of negligence etc., are not in dispute and hence, they are not referred to. At the outset without going into other merits of the case, it is to be noticed from the impugned order of the tribunal that the learned counsel for the insurer had made a specific contention before the Tribunal that the insurance company have no objection to pay the compensation to the claimant, but the said amount may be recovered from the second respondent therein, who is the owner of the offending vehicle. Notwithstanding the other reasoning assigned by the Tribunal in the impugned order, I deem it appropriate to consider the said request made by the learned counsel for the appellant before the Tribunal and accordingly, having considered the request and also in the light of the judgment rendered by the Supreme Court in NATIONAL INSURANCE CO. LTD. Vs. SWARAN SINGH[1], I deem it appropriate to permit the appellant-insurer to recover the amount of compensation paid by it to the claimant from the owner of the offending vehicle. Subject to the above observations, the appeal is disposed of. However, there shall be no order as to costs. ______________________ JUSTICE D.S.R.VARMA 19th August 2010 dr [1] 2004 ACJ 1 (SC)