JUDGMENT :

(Kishore C. Sant, J.)

1. The insurance company has filed this appeal challenging the judgment and order dated 25.01.2019 passed in MACP No.332 of 2015 by the learned Member, Motor Accident Claims Tribunal, Jalgaon. The learned Member of the Tribunal by way of the impugned judgment and order has allowed the petition. Insurance Company had opposed the claim on the ground of breach of terms and conditions of the policy. The petition in respect of petitioner Nos.2 to 4 came to be dismissed. The owner of the vehicle is held liable to pay compensation of Rs.3,87,000/- including ‘No Fault Liability’ to petitioner No.1. However, while allowing claim only against owner, the Insurance Company is directed to first pay compensation and recover the amount from owner of the vehicle. Present respondent Nos.1 to 4 are original claimants and respondent No.5 is original respondent No.1/owner of the vehicle.

2. The appellant is aggrieved by the direction to first pay and then recover the amount from the owner of the vehicle.

3. The facts in short giving rise to the present appeal are that one Sedabi – deceased was travelling in auto-rickshaw in the direction towards Nashirabad from Jalgaon. A