1. - This appeal has been filed against the award dated 31.3.1992 passed by the Motor Accident Claims Tribunal, Karauli (hereinafter referred tows `the Tribunal') in Claim Petition No. 60/1992 filed by the appellant in which the claimant - respondent Nos. 3 to 9 were awarded compensation amounting to Rs. 7,23,000/- on account of death of one Kanhaiya Lal.

2. In this appeal filed by the United India Insurance Company, the insurer, a truck bearing registration No. RJU 3705 was involved in the accident in which the deceased sustained injuries and died as a result thereof. The only submission of the learned Senior Counsel appearing on behalf of the appellant is that the Insurance Company may be. given a liberty that in case, the amount awarded under the award is recovered from it, in such an eventuality the Insurance Company would be at liberty to recover the amount paid to the claimants in excess of statutory liability from the respondent Nos. 1 & 2 i.e., owner and driver of the offending vehicle respectively.

3. Learned counsel appearing on behalf of the respondent Nos. 3 to 9 has no objection to the aforesaid. The respondent Nos. 1 & 2 did not put appearance despite service of notice.

4. I have given my thoughtful consideration to the above submissions made by the learned counsel for the parties at the Bar. This appeal filed by the United India Insurance Company is allowed and it is hereby directed that in the event of the Insurance Company being made to pay any amount in excess of the statutory liability, the insurer is at liberty to recover the said amount from the owner and the driver i.e., respondent Nos. 1 & 2 respectively.

5. Accordingly, this appeal is allowed to the above extent, the stay order passed by this Court dated 1.11.1993 is hereby vacated.

6. In this appeal, the claimants had also preferred the cross-objections. Learned counsel appearing on behalf of the claimant-respondents does not wish to press the cross-objections and the same are, therefore, dismissed as not pressed.Parties are left to bear their own costs.Appeal allowed.

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