ORDER :

In this appeal, the appellants have prayed for setting aside the award dated 22.09.2015 passed by the Motor Vehicles Accident Claims Tribunal, Hazaribagh in Claim Case No.94 of 2007, by which the Tribunal has award compensation amount of Rs.11,57,182/- to the claimants and directed the Insurance Company to pay the amount of compensation to the claimants.

2. I have heard the counsel for the Insurance Company, the counsel for the owner of the vehicle and the counsel for the claimants.

3. The only grievance of the Insurance Company-appellant is that the deceased was a roof top passenger, thus, the Insurance Company is not liable to reimburse the owner. It is the alternative prayer of the Insurance Company that right of recovery should have been given to the Insurance Company, to recover the amount of compensation already paid, from the owners of the offending vehicle. It is submitted that the Tribunal has wrongly fastened the liability of payment of compensation, ignoring the aforesaid fact, which would be apparent from the First Information Report itself.

4. Counsel for the owner, by relying upon a judgment of this Court in the case of Giriraj Prasad Agrawal versus Parwati Devi a