[1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR JUDGMENT S.B. CIVIL MISC. APPEAL NO. 887/1997 UNITED INDIA INSURANCE COMPANY LTD. Vs. PRAKASH CHAND & ORS. Date: 13.03.2008. HON'BLE MR. JUSTICE K.S. RATHORE Mr. P.S. Shukla for the appellant. Mr. Ashvin Garg for the respondents. **** The present civil misc. appeal under Section 173 of the Motor Vehicle Act, 1988 is filed by the appellant United India Insurance Company Ltd. against the Award dated 04.12.96 passed by the Motor Accident Claims Tribunal, Jhalawar in Claim Petition No. 7/94, whereby an award of Rs. 95,000/- has been passed in favour of the respondent No.1 Prakash Chand S/o Shri Shyam Manohar. Learned counsel appearing for the Insurance Company without arguing the case on merit, only placed reliance on the judgment rendered by the Hon'ble Supreme Court in the case of Oriental Insurance Co. Ltd. Vs. Brij Mohan & Ors., reported in AIR 2007 SC 1971, wherein the Hon'ble Supreme Court has held that the award may be satisfied by the appellant but it would be entitled to realize the same from the owner of the [2] tractor and the trolley wherefor it would not be necessary for it to initiate any separate proceedings for recovery of the amount as provided for under the Motor Vehicles Act. It has been further observed that it is well settled that in a situation of this nature this Court in exercise of its jurisdiction under Article 142 of the Constitution of India read with Article 136 thereof can issue directions for doing complete justice to the parties. Hon'ble the Supreme Court has further observed that in National Insurance Company Ltd. V. Kusum Rai & Others, (2006) 4 SCC 250, Hon'ble Court observed that “Thus, although we are of the opinion that the appellant was not liable to pay the claimed amount as the driver was not possessing a valid licence and the High Court was in error in holding otherwise, we decline to interfere with the impugned award, in the peculiar facts and circumstances of the case, in exercise of our jurisdiction under Article 136 of the Constitution but we direct that the appellant may recover the amount from the owner in the same manner as was directed in Nanjappan.” Having heard rival submissions of the respective parties, upon careful perusal of the impugned Award dated 04.12.96 passed by the Motor Accident Claims Tribunal, Jhalawar and looking to [3] the peculiar facts and circumstances of the case and in view of the ratio decided by the Hon'ble Supreme Court, the Insurance Company is directed to make the payment of compensation as awarded by the Tribunal, but the Insurance Company would be entitled to realize the same from the owner of the tractor and trolley as observed by the Hon'ble Supreme Court. With these observation, the civil misc. appeal stands disposed of. Record be sent back. (K.S. RATHORE)J. /KKC/ (Hearing)