Facts of this
case are most appropriately covered under the case law reported as ICICI Lombard
General Insurance Co. Ltd. Vs. Sajjan Lal 2016 ACJ 221, as per which liability of
defendant no.3 qua the claimants / third party is statutory and, as there is breach of
terms of policy by defendant no.2, defendant no.3 would be entitled to recovery
rights. In this case law there is reference to many case laws of Hon'ble Supreme
Court of India. THUS, it is observed that defendant no.3 is liable to pay
compensation to the claimants at the first instance and, thereafter, defendant no.3 shall
be entitled to recover the same from defendant no.1 and no.2, jointly and severally.
ISSUE NO. 2 IS DECIDED ACCORDINGLY.