High Court of Judicature at Allahabad
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Sant Lal v. Raj Kumari & Another - FIRST APPEAL FROM ORDER No. 1198 of 2007  RD-AH 8081 (30 April 2007)
Hon'ble Amitava Lala, J.
Hon'ble V.C. Misra, J.
This is an appeal of the owner saying that pursuant to the award dated 5th February 2007, the Insurance Company has already paid the compensation and now the recovery proceeding has been initiated as operative part of the award provides that the Insurance Company will be entitled to recover the same from the owner of the vehicle upon payment of compensation to the third party/parties. Now after the payment of the said sum by the Insurance Company, recovery proceeding has been initiated.
We do not find any reason for the appellant to prefer any appeal instead of contesting the recovery certificate, if any, issued by the Court. Even if such observation is not made in the award itself, the Insurance Company is entitled to recover the same. Similarly there is no embargo upon the owner to take defence in respect of proceeding for recovery.
We do not find any illegality in the award impugned. Thus, the appeal stands dismissed at the stage of admission. No order is passed as to costs.
April 30, 2007
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