Sunday, 24 July 2016

When Insurance company is primarily liable to pay compensation granted by MACT?

The question in these appeals is about the liability of the
Insurance   Company.     The   Tribunal   has   held   that   appellant   Insurance
Company as well as owner and driver are jointly and severally responsible
to pay compensation.  Legal position cannot be disputed that it is primary
liability of the Insurance Company to pay compensation and it is then at

liberty to approach the Tribunal for recovery of that amount from the
driver/owner of the vehicle if it feels that it was not liable to compensate
the claimant.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH : NAGPUR
First Appeal No.788/2013
 The National Insurance Co. Ltd.

VERSUS
Rajeshwar s/o. Moreshwar Shirsat,


Coram :  A. P.  Bhangale, J
Dated  :  13th August 2015
Citation:2016(3) ALLMR 889

1. Feeling aggrieved by common judgment and award dated 10th
January 2013 passed by the Motor Accident Claims Tribunal,  Yavatmal in
MAC Petition No. 288 of 2004 and other petitions arising out of one and
the said accident, appellant Insurance Company has filed present appeal.
2. The question in these appeals is about the liability of the
Insurance   Company.     The   Tribunal   has   held   that   appellant   Insurance
Company as well as owner and driver are jointly and severally responsible
to pay compensation.  Legal position cannot be disputed that it is primary
liability of the Insurance Company to pay compensation and it is then at

liberty to approach the Tribunal for recovery of that amount from the
driver/owner of the vehicle if it feels that it was not liable to compensate
the claimant.
3. In view of what is observed in paragraph 2 above, all these
appeals are disposed of.   In the cases where the appellant Insurance
Company has deposited the amount of award, claimants are entitled to
withdraw the same.  No order as to costs.
A. P.  BHANGALE, J

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