ORDER

1. Leave granted.

2. Heard learned counsel for the parties finally at this stage.

3. The only dispute for consideration is as to whether the Insurance Company, i.e. respondent no.1 herein, shall be liable to pay compensation to the third party to indemnify the liability of the owner of the vehicle.

4. Undisputed facts are as follows: The owner of the vehicle bearing Registration No. UP-65BT-1224 was respondent no.2. He had entered into an agreement with the appellant herein under which the said vehicle was given at the disposal of the appellant. The arrangement, in nutshell, was that the driver, i.e. respondent no.3, for driving the vehicle shall be that of the owner and conductor shall be provided by the appellant.Since the accident took place, respondent no.4 filed a claim before the Motor Accident Claims Tribunal ("MACT"). Insofar as negligent driving of the vehicle in question is concerned which led to the accident, the same was established before the MACT which prompted MACT to grant compensation to respondent no.4 who was injured in the said accident. Respondent no. 4 had impleaded the appellant, respondent no.2 (owner) as well as respondent no.3 (driver) of the vehicle