JUDGMENT :

ANANDA SEN, J.

1. Heard the learned counsel for the parties.

2. By way of filing this appeal under Section 173 of the Motor Vehicles Act, 1988, the appellant i.e. the owner of the offending vehicle, has challenged the direction contained in award dated 25.7.2008 passed by the learned Presiding Officer, Motor Vehicle Accident Claims Tribunal, Ranchi in Compensation Case No. 76/2004, whereby, it has been directed that the owner of the offending vehicle i.e. the appellant has to pay the entire amount of compensation to the claimants.

3. The short point which is involved in this appeal is that who has to satisfy the award i.e. the owner of the vehicle or the insurer of the vehicle.

4. Counsel for the appellant submits that admittedly the vehicle was insured and the deceased was an employee of the appellant and being the employee and since the additional premium has been paid for the employee, it is the Insurance Company, who has to pay the amount of compensation to the claimants. By referring the insurance policy, he also submits that there is no doubt that the employee is covered as additional premium has been paid and thus the findings of the court below that the Khalasi is not