Neutral Citation No. - 2025:AHC:85727 Court No. - 48 Case :- FIRST APPEAL FROM ORDER No. - 2249 of 2005 Appellant :- Oriental Insurance Co Ltd Respondent :- Smt. Raj Rani And Others Counsel for Appellant :- Arvind Kumar Hon'ble Vipin Chandra Dixit,J. List has been revised. Learned counsel for the appellant and Sri Ishir Sripat, learned counsel for the claimants-respondents no. 1 and 2 are present. No one is present on behalf of respondent no. 3, who is owner of the insured truck. This first appeal from order has been filed on behalf of appellant Insurance Company against the judgment and award dated 30.05.2005, passed by Additional District and Sessions Judge, Court No. 5/Motor Accident Claims Tribunal, Bulandshahar, in M.A.C.P. No. 50 of 2002 (Smt. Raj Rani and another vs. Ami Chand and another) by which compensation of Rs. 9,13,000/- 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 respondent no. 3. It is submitted by learned counsel for the appellant that the insured vehicle was used in violation of terms and conditions of insurance policy. The driver of truck was not having valid and effective driving licence at the time of accident. The claims tribunal itself has recorded the finding while deciding issue no. 2 that the driver of the truck was not having valid and effective driving licence and there was breach of the terms and conditions of the insurance policy. The claims tribunal has erred in fixing the liability upon the appellant Insurance Company being insurer of truck instead to pass the award against the owner of the truck. On the other hand, learned counsel for the claimants-respondents has submitted that the right of recovery has already been given to the Insurance Company and the Insurance Company is not the aggrieved party and as such, the present appeal on behalf of Insurance Company is not maintainable. 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. The appellant Insurance Company is directed to deposit the remaining amount within a period of three months. The claimants- respondents are entitled to withdraw the entire deposited amount without furnishing any surety. Order Date :- 21.5.2025 sailesh Digitally signed by :- SAILESH PRAJAPATI High Court of Judicature at Allahabad