{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.584 OF 2009 Abdul Alim Mohmed Kashim Shaikh PETITIONER VERSUS United India Insurance Co,Ltd, Latur RESPONDENTS ....... S.V.Mundhe, Advocate for petitioner ....... [CORAM : A.V.POTDAR, J.] DATE : 5th August 2009 PER COURT: 1. By the present petition, under Articles 226 and 227 of the Constitution of India, the petitioner has challenged the order dated 17.12.2008 passed in Regular Darkhasst No.23/2005 below Exhibit-12. 2. Heard learned counsel for the petitioner. Though the respondent is duly served none present for respondent. 3. It appears that one Gangadhar Sitaram Kamble had filed MACP No.317/2002 before the Motor Accident Claims {2} Tribunal, Udgir, Campt at Ahmedpur, against the petitioner and respondent insurance company. The said claim petition came to be partly allowed by the trial court. It was directed by the Member, Motor Accident Claims Tribunal that the present petitioner, one Mohan Rajendra Mugle and the insurance company are jointly and severally liable to pay the amount. The Insurance company was directed to pay an amount of Rs.75,000/- to the claimant along with interest @ 6% p.a. from the date of the application till realization of the said amount of award. In clause 4 of the order it is specifically observed that the insurance company is authorized to recover the total amount of compensation of Rs.1,00,000/- from the opponents No.1 and 2, jointly and severally by filing appropriate proceedings. Accordingly, Regular Darkhast came to be filed by the insurance company against the petitioner for recovery of amount of Rs.1,00,000/-. It is informed that the order of the Motor Accident Claims Tribunal is not challenged by the petitioner. Thus, the order has attained finality. 4. Now, the only question raised by way of this writ petition is whether the insurance company can recover the amount by filing Regular Darkhast, as contemplated under Order 21 Rule 11 of the Civil Procedure Code or whether for that purpose the Insurance company is required to file a separate suit. The point is to be answered in negative, as by virtue of the order passed by the Motor Accident Claims Tribunal, initially the liability is fastened on the insurance company to pay the compensation with further {3} direction and clarification that the insurance company can recover the same from opponents No.1 and 2. Thus, by virtue of the order of the Motor Accident Claims Tribunal the insurance company is stepped in the shoes of the decree holder for recovery of the amount. In this view of the matter, it is not necessary to file a separate suit for recovery of the amount paid to the claimant. Thus, the writ petition, which is sans merits, is dismissed with no order as to costs. [A.V.POTDAR, J.] drp/wp584-09