Tilak Singh vs Fayyad Khan
2022 Latest Caselaw 1252 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

            S.B. Civil Miscellaneous Appeal No. 851/2005

Tilak Singh S/o Sri Jwala Singh, R/o Village Mamodhan Tehsil
Basedi, District Dholpur (Rajasthan)
                                                                      ----Appellant
                                   Versus
1. Fayyad Khan S/o Dilphool Khan, R/o Patpara Purana Sahar,
Dholpur District Dholpur
2. United India Insurance Company Branch Office, Dhulkot Road,
Dholpur (Rajasthan)
                                                                 ----Respondent

For Appellant(s)         :     None Present
For Respondent(s)        :     Mr. D K Garg through V.C.
                               Mr. Satish Khandal through V.C.



            HON'BLE MR. JUSTICE BIRENDRA KUMAR

                                    Order

03/02/2022

No one appears for the appellant. By the impugned judgment

and award dated 06.08.2004 passed by the Motor Accident Claim

Tribunal, Dholpur in MAC Case No. 103/2004 the learned Tribunal

has awarded compensation in favour of respondent No. 1 Fayyad

Khan in a case of injury. The Tribunal ordered that insurer shall be

entitled to recover from the owner of the vehicle. The aforesaid

finding has been challenged by the owner of the vehicle in this

appeal.

Learned counsel for the respondent No. 2-United India

Insurance Company submits that he has already initiated

proceedings against appellant Tilak Singh for recovery of

compensation paid to the victim. Moreover impugned judgment of

(2 of 2) [CMA-851/2005]

the Tribunal is based on the judgment of Hon'ble Supreme Court

wherein it has been held that if there is violation of terms and

conditions of insurance the insurer can recover the paid amount

from the owner of the vehicle in an appropriate proceedings. In

the circumstance I do not find any reason to continue with this

appeal.

Accordingly the present appeal stands dismissed.

(BIRENDRA KUMAR),J

ashu /1

Powered by TCPDF (www.tcpdf.org)