Judgment

A. P. MISRA, J.

( 1 ) THESE appeals by the insurer are directed against the judgment of the Himachal Pradesh High court in an appeal under the Motor Vehicles Act, 1939. The Motor Accidents Claims tribunal after perusing the materials produced before it came to the conclusion that under the policy of insurance the insurer is not liable to pay the compensation in question and finally had awarded compensation to the claimants to be recovered from the owner of the vehicle. But during the pendency of the proceeding by virtue of the statutory liability accruing under section 92-A of the Motor Vehicles Act, 1939 payments have been made by the insurer to the extent of Rs. 15,000. 00 in case of death and to the extent of Rs. 7,500. 00 in case of permanent disablement. Considering the question that whether for this amount insurer would be at all liable in view of the finding of the tribunal that the insurer has no liability under the policy of insurance to pay the compensation in question the tribunal came to hold that the said amount as provided under Ch. VII-A more particularly under section 92-A of the Motor Vehicles Act has to be borne by the insurer and the owner will not be lia