$~31-34
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 13th May, 2014
+ MAC.APP. 443/2014
TATA AIG GENERAL INSURANCE CO LTD. ..... Appellant
Represented by: Mr.A.K.Soni for Ms.Shantha
Devi Raman, Advocate.
Versus
RELA & ORS. ..... Respondents
Represented by: None.
AND
+ MAC.APP. 444/2014
TATA AIG GENERAL INSURANCE CO LTD. ..... Appellant
Represented by: Mr.A.K.Soni for Ms.Shantha
Devi Raman, Advocate.
Versus
MOHIT & ORS. ..... Respondents
Represented by: None.
AND
+ MAC.APP. 445/2014
TATA AIG GENERAL INSURANCE CO LTD. ..... Appellant
Represented by: Mr.A.K.Soni for Ms.Shantha
Devi Raman, Advocate.
Versus
KAJAL & ORS. ..... Respondents
Represented by: None.
AND
MAC.APP.Nos.443-446 of 2014 Page 1 of 5
+ MAC.APP. 446/2014
TATA AIG GENERAL INSURANCE CO LTD. ..... Appellant
Represented by: Mr.A.K.Soni for Ms.Shantha
Devi Raman, Advocate.
Versus
RASHMI & ORS. ..... Respondents
Represented by: None.
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT
SURESH KAIT, J. (Oral)
CM Nos.8371/2014 in MAC.APP. 443/2014, 8373/2014 in MAC.APP. 444/2014, 8378/2014 in MAC.APP. 445/2014 & 8434/2014 in MAC.APP. 446/2014 (all for exemption) Exemptions allowed, subject to all just exceptions. These applications stand disposed of.
MAC.APP.Nos. 443-446 of 2014
1. Vide these appeals, the appellant/ TATA AIG General Insurance Company Ltd. has assailed the common award dated 21.01.2014, whereby the learned Tribunal has granted compensation for a sum of Rs.12,500/- in Claim Petition No.293/2013, Rs.70,000/- in Claim Petition No.291/2013, Rs.10,000/- in Claim Petition No.289/2013 and Rs.35,000/- in Claim Petition No.290/2013 with interest at the rate of 9% per annum from the date of filing of the claim petition till realization of the amount in favour of the respondents/claimants.
MAC.APP.Nos.443-446 of 2014 Page 2 of 5
2. The sole ground taken in these appeals is that since the respondent No.3, i.e., owner of the offending vehicle is not liable to pay the compensation, therefore, the Insurance Company is not required to indemnify the same.
3. The above noted appeals have arisen out of the same accident, involving the same vehicle and against the same parties. Besides this, all the claim petitions were consolidated and the common issues were framed vide order dated 15.12.2012. Therefore, these appeals are being decided by this common judgment.
4. Facts of these cases are that the respondent No.2, i.e., driver of the offending vehicle had taken the keys of the offending Car bearing registration No. DL 3C BE 1075 without the knowledge and consent of the respondent No.3, i.e., owner of the offending vehicle, who did not know whether the respondent No.2 knew how to drive the car. Therefore, there was no wilful breach of the terms and conditions of the insurance policy by the respondent No.3.
5. It is submitted that since the learned Tribunal has observed that there was no fault or liability of the owner/insured, then legally, the appellant/Insurance Company cannot be held liable. MAC.APP.Nos.443-446 of 2014 Page 3 of 5
6. In these appeals, the compensation granted by the learned Tribunal is from Rs.10,000/- to Rs.70,000/- only, as noted above.
7. It is important to note that similar issue has been raised by the appellant/Insurance Company in another connected appeal bearing MAC. APP. No. 435/2014, wherein the learned Tribunal has awarded compensation to the tune of Rs.24,23,700/- with interest at the rate of 9% per annum from the date of filing of the claim petition till realization of the amount for the injuries suffered by respondent/injured Saudan Singh in the accident occurred on 20.04.2012.
8. Keeping in mind the facts noted above and that the compensation awarded in these appeals is very meagre, therefore, all these appeals are liable to be dismissed by leaving open the legal issue to be dealt with MAC. APPL. No.435/2014.
10. In view of the above discussion, these appeals are dismissed.
11. Consequently, the Registry of this Court is directed to release the statutory amount in favour of the appellant/Insurance Company. The learned Tribunal is directed to release the awarded amount with upto date interest in favour of the respondents/claimants in terms of its award dated 21.01.2014 on taking necessary steps by them.
MAC.APP.Nos.443-446 of 2014 Page 4 of 5 CM Nos.8370/2014 in MAC.APP. 443/2014, 8372/2014 in MAC.APP. 444/2014, 8377/2014 in MAC.APP. 445/2014 & 8433/2014 in MAC.APP. 446/2014 (all for stay) With the dismissal of the appeals itself, the instant applications have become infructuous. The same are accordingly dismissed.
SURESH KAIT, J.
MAY 13, 2014 sb MAC.APP.Nos.443-446 of 2014 Page 5 of 5