Neutral Citation No. - 2025:AHC:75598 Court No. - 48 Case :- FIRST APPEAL FROM ORDER No. - 2521 of 2010 Appellant :- The New India Assurance Company Ltd. Respondent :- Babita Devi And Others Counsel for Appellant :- S.C. Srivastava Counsel for Respondent :- Krishna Kant Vishwakarma Hon'ble Vipin Chandra Dixit,J. Heard Sri S.C. Srivastava, learned counsel for the appellant, Sri Krishna Kant Vishwakarma, learned counsel appearing on behalf of claimant-respondent nos. 1 to 5 and perused the record. No one is present on behalf of respondent nos. 6 and 7. This first appeal from order has been filed on behalf of appellant Insurance Company against the judgment and award dated 06.05.2010 passed by Motor Accident Claims Tribunal/Special Judge, Bijnor, in M.A.C.P. No. 45 of 2009 (Babita Devi and others vs. The New India Assurance Company Ltd. and others) by which compensation of Rs. 3,33,400/- along with 6% interest has been awarded in favour of claimants-respondents and liability for payment of compensation has been fixed upon the appellant Insurance Company with liberty to recover the same from the owner of the vehicle. It is submitted by learned counsel for the appellant that the claims tribunal while deciding issue no. 2 has recorded the finding that the driver of the insured vehicle was not having valid and effective driving licence and the vehicle was driven in violation of terms and conditions of the Insurance Policy. The claims tribunal has erred in fixing the liability upon the appellant being insurer of the offending vehicle. On the other hand, learned counsel appearing on behalf of claimants-respondents submits that since the claims tribunal has granted right of recovery to the insurance company, it is not aggrieved party. 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 stay order, if any, stands vacated. Order Date :- 9.5.2025 sailesh Digitally signed by :- SAILESH PRAJAPATI High Court of Judicature at Allahabad Digitally signed by :- SAILESH PRAJAPATI High Court of Judicature at Allahabad