IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B. Civil Misc. Appeal No. 4207/2008 {National Insurance Company Ltd. Versus Gopal Singh & Others} Date of Order :: 25th November, 2008 PRESENT HON'BLE MR. JUSTICE NARENDRA KUMAR JAIN Ms. Lalima Purohit for Mr. R.S. Bhati for the appellant BY THE COURT: Heard learned counsel for the appellant. 2. This appeal, on behalf of National Insurance Company Ltd. is directed against impugned award dated 10th February, 2005 passed by the Motor Accident Claims Tribunal, Beawar in claim application no. 751/2002, whereby the learned Tribunal has awarded total compensation of Rs. 15,000/- in favour of claimant- respondent for injuries sustained by him in motor accident took place on 21st July, 2002. 3. The only contention of learned counsel for the appellant is that the learned Tribunal while considering issue no.2 has recorded a finding that Insurance Company had charged premium only for driver i.e. Mahendra Singh, therefore, Insurance Company is liable to indemnify the liability of the owner in respect of claim of Mahendra Singh, but so far as other persons like claimant-respondent is concerned, no extra premium was charged, therefore, Insurance Company was not held liable but still it has been directed that the amount of award may be paid by the Insurance Company first and the same may subsequently be recovered from the owner. The grievance of the appellant is that when the violation of terms and conditions of the policy has been found in the case, then Insurance Company should not have been directed to make the payment first and then only to recover the same from the owner. 4. I have considered the submissions of learned counsel for the appellant and examined the impugned award passed by the Tribunal. The Tribunal while considering issue no.2 has passed an order that amount paid by Insurance Company in respect of compensation to Arjun Singh, Babu Singh and Gopal Singh may be recovered from the vehicle owner. The impugned award was passed on 10th February, 2005 and till date no interim order has been passed by this Court and even the learned counsel for the appellant does not dispute that amount has already been paid in the case. In these circumstances, nothing grievance survives to be decided in the case except to recover the amount by the Insurance Company from the owner as per direction of the Tribunal itself. The Tribunal has already safeguarded the interest of the appellant by giving a right of recovery to recover the amount from the owner. The amount is also a meager amount of Rs. 15,000/-. In these circumstances, I do not find any substance in the submission of learned counsel for the appellant as well as appeal also. 5. In view of above discussion, I do not find any merit in this appeal and the same is, accordingly, dismissed in limine. (NARENDRA KUMAR JAIN),J. DK IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR S.B. Civil Misc. Stay Application No.2616/2008 In S.B. Civil Misc. Appeal No. 4207/2008 {National Insurance Company Ltd. Versus Gopal Singh & Others} Date of Order :: 25th November, 2008 PRESENT HON'BLE MR. JUSTICE NARENDRA KUMAR JAIN Ms. Lalima Purohit for Mr. R.S. Bhati for the appellant BY THE COURT: In view of the dismissal of misc. appeal, the stay application, filed therewith, does not survive and the same also stands disposed of. (NARENDRA KUMAR JAIN),J. DK