Motor Vehicles Act, 1988, Section 147

Motor Vehicles Act, 1988—Section 147—Whether having regard to the provisions of the Motor Vehicles Act, 1988, the insurance company is liable to pay compensation for the bodily injury caused to the claimant who was travelling in a goods vehicle as a spare driver though he was employed as a driver in another vehicle owned by the owner of the vehicle under the policy of insurance—Held, no—The High Court was wrong in holding that the insurance company shall be liable to indemnify the owner of the vehicle and pay the compensation to the claimant as directed in the award by the Tribunal—Further held, keeping in view the decision in the case of Baljit Kaur (2004) 2 SCC 1 & Challa Bharathamma (2004) 8 SCC 517 and the peculiar facts of this case, a direction could be issued to the insurance company to first satisfy the awarded amount in favour of the claimant and recover the same from the owner of the vehicle by following the procedure as laid down in the case of Challa Bharathamma (2004) 8 SCC 517—Appeal allowed.

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