IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.4385 of 2009 (O&M) Date of decision: 2.9.2009 Bajaj Allianz General Insurance Company Ltd. .....Appellant(s) Versus Smt. Charanjit & others ......Respondent(s) CORAM:- HON'BLE MR.JUSTICE RAKESH KUMAR GARG * * * Present: Mr. P.M. Goyal, Advocate for the appellant. Rakesh Kumar Garg, J.(Oral) CM No.20734-CII of 2009 I have heard learned counsel for the applicant-appellant. I find sufficient reasons for condoning the delay of 1 day in fling this appeal. Application is allowed. Delay of 1 day in filing this appeal is condoned. FAO No.4385 of 2009 (O&M) This is insurer's appeal challenging the impugned award passed by the Motor Accident Claims Tribunal, Hisar whereby the claimant-respondents have been granted compensation on account of death of one Sanjay Kumar in a motor vehicular accident which took place on account of rash and negligent driving of the offending vehicle by its driver. Admittedly, a finding has been returned by the Tribunal that there is no liability upon the appellant to indemnify the insured. However,in view of the law laid down by the Hon'ble Apex Court in Oriental Insurance Co. Ltd. v. Zaharulnisha and others 2008 ACJ 1928, the Tribunal has held that in the first instance, the appellant-Company shall be liable to pay FAO No.4385 of 2009 (O&M) -2- the compensation to the claimant-respondents and the appellant shall be entitled to recover the amount of compensation from the insured. Learned counsel for the appellant has vehemently argued that the impugned award is liable to be set aside as no liability can be fastened upon the appellant in view of the findings recorded by the Tribunal. I have heard learned counsel for the appellant. Learned counsel appearing on behalf of the appellant has very fairly stated that the law laid down by the Hon'ble Apex Court in Zaharulnisha and others's case (supra) has been further approved/ affirmed by the Hon'ble Supreme Court of India in Oriental Insurance Co. Ltd. v. Angad Kol and others 2009 ACJ 1411. In view of the settled preposition of law as aforesaid, I am not inclined to interfere in the impugned award passed by the Tribunal. Thus, the argument raised by the learned counsel for the petitioner is without any merit. Accordingly, this appeal is dismissed. September 2, 2009 (RAKESH KUMAR GARG) ps JUDGE