16.On a careful perusal of the judgement, it is clear that it would be in the discretion of the Appellate Court, depending upon the facts and circumstances of the case, whether the doctrine of pay and recover should be applied or as to whether the claimant could be left to recover the amount from the person liable i.e., the driver or the owner, as the case may be. In the case on hand also, the petitioner along with others have travelled as loadmen and they went to condolence, at that time, the accident was occurred. Though there is a violation of condition of policy, as far as the claimant is concerned, he is third party to the insurance company. Since the first respondent's vehicle insured with the appellant/insurance company, the appellant can pay the amount to the claimant and recover the same from the second respondent herein, the owner of the vehicle. The Tribunal also after referring the judgment of the Hon'ble Full Bench of this Court, correctly directed the appellant/insurance company to pay the award amount to the claimant and thereafter, recover the same from the second respondent herein/ the owner of the vehicle.
