Neutral Citation No. - 2025:AHC:66953 Court No. - 48 Case :- FIRST APPEAL FROM ORDER No. - 2772 of 2003 Appellant :- The New India Assurance Co Ltd. Thru Its Asstt. Manager Respondent :- Smt. Pushpa Devi And Others Counsel for Appellant :- Subhash Chandra Srivastava Counsel for Respondent :- ,Anwar Hussain,Manish Chandra Tiwari,R.K.Misra.,Ram Singh Yadav Hon'ble Vipin Chandra Dixit,J. List has been revised. Heard Mr S.C. Srivastava, learned counsel for the appellant and Mr Anwar Hussain, learned counsel appearing on behalf of claimants-respondents. No one is present on behalf of respondent no. 5, who is the owner of the vehicle. This first appeal from order has been filed under Section 173 of Motor Vehicle Act, 1988 on behalf of the appellant-Insurance Company against the judgment and award dated 15.07.2003 passed by A.D.J, Court No. 10/Motor Accident Claims Tribunal, Moradabad in M.A.C.P. No. 219 of 2002 (Smt. Pushpa Devi and others vs. Rakesh Kushmakar and others) by which compensation of Rs.4,41,500/- along-with 9% interest has been awarded to the claimants-respondents and liability has been fixed upon appellant- The New India Assurance Company Ltd. with liberty to recover the amount from the owner of the vehicle. It is submitted by learned counsel for the appellant that the insured vehicle was used in violation of terms and conditions of insurance policy as the driver of the insured vehicle was not having a valid and proper driving licence, The Claims Tribunal has erred in fixing liability upon the appellant, whereas owner of insured vehicle is liable to pay compensation. On the other hand, learned counsel appearing on behalf claimants- respondents submits that since the right of recovery has already been provided by the Claims Tribunal, the Insurance Company is not aggrieved party and the appeal on behalf of insurance company is not maintainable. Considered the submissions of the learned counsel for the parties and perused the record. Record shows that the appellant was given right of recovery to recover the amount of compensation from the owner of the vehicle and as such, the appellant Insurance Company is not aggrieved party and the appeal on behalf of Insurance Company is not maintainable in view of law laid down by Hon'ble the Apex Court in the case of National Insurance Company Ltd. Vs. Swaran Singh and others [2004 (3) SCC 297] and judgment of Division Bench of this Court in the case of M/s United India Insurance Company Ltd. vs. Smt. Maya Devi and others [2013(1) AICC 754]. In view of above, the first appeal from order is dismissed. Interim order, if any, stands vacated. Order Date :- 29.4.2025 PS Digitally signed by :- POOJA SHARMA High Court of Judicature at Allahabad