National Insurance Company Ltd. vs Mohan Chandra and Another

V.K. Bist, J.

A.O. No. 158 of 2010

Heard.

Admit the appeal.

Issue notice to the respondents returnable at an early date.

Summon the lower court''s record.

List after the lower court record is received.

(Stay Application No. 3427 of 2010)

Also heard on stay application

Learned Counsel for the appellant drew my attention to the order passed by Hon''ble Supreme Court in Special Leave to Appeal (Civil) CC 11872/2008. Order passed by Hon''ble Supreme Court is reproduced below:

Delay condoned in all the cases. Leave granted.

Interim stay of the execution of the award by the respective claimants against the appellant-insurer subject to the appellant depositing the aggregate of the highest six awards among the awards passed in these batch of cases. The amount so deposited shall be kept in deposit till other appeals pending before the High Court arising out of the same accident are decided. Thereafter subject to any modification with reference to the six pending appeals, the Motor Accident Claims Tribunal shall distribute the amount deposited pro rata among the claimants in accordance with the decision of this Court in National Insurance Co. Ltd. Vs. Anjana Shyam and Others, .

The aforesaid interim order will not come in the way of claimants herein recovering the balance amount from the owner of the vehicle.

Learned Counsel for the appellant further submitted that the appellant-National Insurance Company Ltd. has already deposited/paid the highest six awards regarding same accident and in view of the order of the Hon''ble Supreme Court the appellant-company cannot be held liable for payment of compensation in other cases arising out of same accident.

In view of aforesaid, it is directed that during the pendency of present appeal further execution of award dated 06.04.2010 in Motor Accident Claims No. 04 of 2009 passed by Motor Accident Claims Tribunal/District Judge, Almora, shall remain stayed.

Application stands disposed of.