Neutral Citation No. - 2025:AHC:62494 Court No. - 48 Case :- FIRST APPEAL FROM ORDER No. - 1776 of 2006 Appellant :- National Insurance Company Limited Respondent :- Smt. Suman And Others Counsel for Appellant :- Ajay Singh Hon'ble Vipin Chandra Dixit,J. List has been revised. Learned counsel for the appellant is present. No one is present on behalf of respondents. This first appeal from order has been filed on behalf of appellant Insurance Company against the judgment and award dated 31.03.2006, passed by Additional District Judge, Court No. 5/Motor Accident Claims Tribunal Bareilly, in M.A.C.P. No. 387 of 2003 (Smt. Suman and others vs. National Insurance Co. Ltd. & Others) by which compensation of Rs. 1,77,000/- 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 the owner of the truck. It is submitted by learned counsel for the appellant that the appellant is insurer of truck which is a goods vehicle. At the time of accident gratuitous passengers were travelling in the truck and there was violation of terms and conditions of the insurance policy. The appellant Insurance Company being insurer of truck cannot be held liable to pay any compensation and only owner of truck is liable to satisfy the award. No other ground has been pressed by learned counsel for the appellant. 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 :- 24.4.2025 sailesh Digitally signed by :- SAILESH PRAJAPATI High Court of Judicature at Allahabad