New India Insurance Company Limited vs Pratima Devi & Ors

Heard, learned counsel for the appellant.

Learned counsel for the appellant has submitted that the quantum of compensation has not been assailed by the Insurance Company rather the Insurance Company has preferred this Misc. Appeal for getting the right of recovery from the owner of the offending vehicle, as the Insurance Company has categorically pleaded in the written statement that owner of the vehicle has no road permit or tax token to ply his vehicle on the road as well as even after issuance of notice upon the owner and driver of the vehicle under Registered Post but they did not appear in this case before the learned Tribunal which will be apparent from perusal of Para 3 of the impugned judgment itself and ultimately without adjudicating this issue, the liability has been fastened upon the Insurance Company, as such, this Court may issue notice to the owner and driver of the offending vehicle so as to examine the fact that whether there is any violation of terms and conditions of the policy or not? otherwise in each and every case of the motor vehicle accident, owner and driver will not appear before the learned Tribunal so as to protect themselves from the liability even after violating the terms and conditions of the policy.

Learned counsel for the appellant-Insurance Company has thus, submitted that since quantum of compensation has not been assailed, as such, this Court may pass order in this respect.

Considering the same, let notice be issued to the owner and driver of the offending vehicle, respondent No.6 and respondent No.7 i.e. respondent No.6 [Ram Narain Yadav, S/o Jhaman Yadav, Resident of Belhara, P.O.- Gudio, P.S. & District- Hazaribagh, owner of Dumpher, bearing Registration No.JH 12B-0280] and respondent No.7 [i.e. Shankar Jaiswal, S/o Rameshwar Jaiswal, resident of Karidyapur, P.O. & P.S. Barhi, District- Hazaribagh under both process i.e. Registered Cover with A/D and Ordinary Post for which, requisites etc., must be filed within two weeks.

In the meantime, the Insurance Company is directed to indemnify the award in terms of the award passed by the learned Tribunal along with the interest from the date of filing of the claim application within 60 days from today. If the said amount is deposited by the Insurance Company before the learned Tribunal/Executing Court, the same shall be indemnified to the claimaints after due verification, as the Insurance Company has not assailed the quantum of compensation.

Put up this case after six weeks along with service report upon the owner and driver of the offending vehicle.