Mansoor Ahmad Mir, Chief Justice (Oral)

Challenge in this appeal is to the judgment and award dated 12.5.2006, made by the Motor Accident Claims Tribunal (II), Una, in MAC Petition No. 28 of 2001, titled Paramjit versus Balwinder Kumar and others, for short “the Tribunal”, whereby compensation to the tune of Rs.5,60,000/- was awarded in favour of the claimants, with direction to the insurer to satisfy the same with right of recovery, hereinafter referred to as “the impugned award”, for short.

2. Claimants, owner, drivers and insurer have not questioned the impugned award on any ground, thus it has attained finality so far it relates to them.

3. Kamal Bhardwaj, one of the owners of Jeep No.HP-35-0803 has questioned the impugned award on the ground that the Tribunal has decided issues No. 4 and 5 in favour of the owner and drivers and against the insurer but has fallen in an error in granting right of recovery to the insurer.

4. The findings returned on other issues are not in dispute and have attained finality. Thus, the only question to be determined in this appeal is whether the Tribunal has rightly granted the right of recovery?

5. Admittedly, Maruti Van is a light motor ve