slo7. We may, however, hasten to add that the Tribunal and the-court must, however, exercise their .;u.i"ai.tio" to i"l"r" such a direction upon consideration- of the fa.ts'1.,a crcumstances of each case and in the event such a direction -,f," h3s begn issued, despite a.rriving at a finding oi f".i-a eflect that the insurer has been atte to estibtish ,i,"i it" insured has committed a breach of contract of ir,"u.aar"a "" :l"::ig:dunder sub-clause (ir) of clause 1a; of suU_seftion 1z; ol Sectlon 149 of the Act, the insurance company shau be entitled to realise the awarded amount from'the" o*ner o. driver of the vehicle, as the case may be, in execution of the same ward having regard to the provisions -event, of Sections 165 grq168of the Act. However, in Lhe hauing regarJ io it e limited scope of inquiry in the proceedings Uefor-e ttri triUunat it had not been able to do so, the insurance .o-p"ry .y initiate a separate action therefor against rhe o.i"i--lr'tt" driver of the vehicte or both, as tf,e case -^y U.. ito". exceptiona_l cases may arise when the evidente becomes available to or comes to the notice of the insurer at a subsequent stage or for one reason or the other, the insurer was not given an opportunity to defend at all. Such a course of actron may also be resorted to when a fraud or collusion between t}te victim and the owner of the vehicte is detected or comes to the knowledge of the insurer at a later stage.
