ORDER :

In the instant case, the finding recorded by the High Court National Insurance Co. v. Roshan Lal, FAO No. 60 of 2002, order dated 9.11.2005(HP) is that the Insurance Company is not liable to pay the compensation but a direction has been made that the amount deposited by the Insurance Company shall be paid to the claimants and the Insurance Company may recover the amount deposited by it together with interest from the owner of the vehicle by initiating appropriate proceedings before the Motors Accidents Claims Tribunal without being required to file separate suit or proceedings. The legality and validity of this direction made by the High Court is challenged before us.

2. It is submitted that a three-Judge Bench of this Court did direct in National Insurance Co. Ltd. v. Swaran Singh (2004) 3 SCC 297 : (2004) SCC (Cri) 733 as follows: (SCC p. 342. para 110)

"110. (x) Where on adjudication of the claim under the Act the Tribunal arrives at a conclusion that the insurer has satisfactorily proved its defence in accordance with the provisions of Section 149(2) read with sub-section (7), as interpreted by this Court above, the Tribunal can direct that the insurer is liable to be reim