“11. In view of the settled legal position, as aforesaid, it remains no longer res integra that the impugned direction of the learned Tribunal in the impugned order dated 08.03.2006 to the appellant-Insurance Company to pay and recover, cannot be sustained. The insurance cover in question was admittedly, "ACT ONLY POLICY" and did not cover the risk of fare paying passenger, like deceased Kursheed @ Khursheed, who admittedly hired the Jeep alongwith 4-5 persons for Rs.200/- on the fateful day of accident on 15/16.12.1998. He therefore, could not be said to be a 'third party' covered by the said policy in question, as rightly found by the learned Tribunal in the order dated 08.03.2006. The learned Tribunal has however, fallen into error in applying the judgment in the case of Swaran Singh (supra), in which the direction to pay and recover is given only for the compensation awarded to a third party and this decision was clarified by the Hon'ble Supreme Court in the later decision in the case of Meena Variyal (supra) vide aforesaid quoted portions. Therefore, the impugned direction in the order dated 08.03.2006 deserves to be set aside. The owner and driver of the Jeep will however, continue to be liable to pay the compensation payable to the legal representatives of the deceased Kursheed @ Khursheed. Nobody has represented them before this Court, despite service. ”
