This appeal under Section 173 of the Motor Vehicles Act, 1988, has been filed against the judgment and award dated 05.01.2022 passed by the learned Motor Accident Claims Tribunal/IVth Additional District Judge, Haridwar, in Claim Petition No. 40 of 2019, Smt. Rachna vs. Nawab and Others, whereby an award of ₹8,37,340/- along with interest @ 7% per annum was granted as compensation in favour of the claimant.

2. Brief facts of the case are that on 21.11.2018, the claimant and her daughter, Ms. Akanksha, along with relatives, were returning home after attending a feast in car no. UK-07 DV-2134. At about 10:30 p.m., near their bungalow, a truck bearing no. HR-67B-1019, driven rashly and at high speed, suddenly applied brakes and turned towards their car, causing a collision. Ms. 1 2025:UHC:9574 Akanksha sustained grievous injuries and succumbed to her, while others were also injured. FIR No. 437/2018 was registered at P.S. Bahadarabad against the truck driver. The deceased, a young and healthy girl, worked as a tailor earning Rs.10,000 per month, contributing her income to the family. Her father had predeceased her, and her mother has been left in deep shock. Though no monetary compensation can make good the loss, the petitioner seeks an award of Rs.65,50,000 with 12% interest as just compensation..

3. The main contention of learned counsel for the appellant is that the learned Tribunal, despite holding that the vehicle involved in the accident was not insured on the date of the incident, wrongly passed an order of "pay and recover" against the Insurance Company.

4. It is further submitted that since the vehicle in question was being driven without a valid insurance policy on the date of the accident, the liability could not have been fastened upon the Insurance Company, and the owner of the offending vehicle alone should have been made liable to pay the compensation.

5. Heard learned counsel for the appellant and perused the record.

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6. On perusal of the record, it reveals that the learned Tribunal relied upon the judgments of the Hon'ble Supreme Court in Oriental Insurance Co. Ltd. v. Inderjit Kaur , ( 1998) 1 SCC 371, and New India Assurance Co. Ltd. v. Rula , (2000) 3 SCC 195. The Hon'ble Apex Court in the aforesaid cases held that even if a vehicle is not effectively insured on the date of the accident, the purpose of Chapter XI of the Motor Vehicles Act, 1988 , is to ensure that third-party victims do not suffer on account of disputes between the insurer and the insured. The relevant portions from the judgment in Inderjit Kaur (supra) are reproduced hereinbelow:

7. In light of the law laid down by the Hon'ble Supreme Court, the learned Tribunal was justified in directing the Insurance Company to satisfy the award in the first instance and thereafter recover the amount from the owner of the offending vehicle. The principle of "pay and recover" is settled to protect the rights of third-party victims and ensure immediate compensation.

8. Accordingly, this Court finds no illegality, irregularity, or perversity in the impugned judgment and award dated 05.01.2022 passed by the learned Motor Accident Claims Tribunal/IVth Additional District Judge, Haridwar.

9. The appeal is, therefore, dismissed as being devoid of merit. No order as to costs. 4

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10. The statutory amount deposited by the appellant at the time of filing the appeal shall be remitted to the Tribunal concerned.

(Alok Mahra, J.) 30.10.2025 BS BALWAN Digitally signed by BALWANT SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=fbbd191c8bdb8b16e8ca7937deaf72a17c0 2fe2eacbf28cdf4ba7ce8640c5820, T SINGH postalCode=263001, st=UTTARAKHAND, serialNumber=04E141DF4614F9A4D5F48346EB553 DE5185F418755DC00A7A13C14A680C3FA90, cn=BALWANT SINGH Date: 2025.10.31 17:23:59 +05'30' 5