Oriental Insurance Co. Ltd vs Zaharulnisha & Ors on 29 April, 2008
10. The factual aspects in this case are similar as was in Zaharulnisha
(supra); therefore, the Insurance Company is not liable to pay the compensation
amount to the claimant. However, it is under obligation to pay the compensation
amount to the claimant and shall thereafter be entitled to recover it from the owner
and driver of the offending vehicle. The conclusion of the learned Tribunal on
Issue No. 4 does not warrant interference. However, the order of 'pay and recover'
is appropriate in this case.