Oriental Insurance Co Ltd vs Smt. Rameshwari Agarwal And ...
2023 Latest Caselaw 14416 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Neutral Citation No. - 2023:AHC:98219
 
Court No. - 1
 

 
Case :- FIRST APPEAL FROM ORDER No. - 310 of 2004
 

 
Appellant :- Oriental Insurance Co Ltd
 
Respondent :- Smt. Rameshwari Agarwal And Others
 
Counsel for Appellant :- ,Parv Agarwal
 
Counsel for Respondent :- Madhav Jain,A.K. Sinha,Hitesh Pachori,Rajiv Gupta,Ram Dulare Singh
 

 
Hon'ble Dinesh Kumar Singh,J.

1. Heard Sri Parv Agarwal, learned counsel appearing for the appellant-Oriental Insurance Company Ltd., (hereinafter referred to as the "Insurance Company"), and Sri Rakesh Kumar Garg learned counsel for the respondents.

2. Present appeal has been instituted against the judgment and order dated 10.12.2003 passed by Motor Accidents Claims Tribunal No.360 of 1996.

3. Sri Parv Agarwal, learned counsel appearing for the Insurance Company fairly submits that the Insurance Company does not have much dispute with respect to amount of compensation awarded by the Tribunal. However, bus driver did not have valid license in which the deceased was traveling, and as a result of accident caused by untrained driver, the deceased suffered injuries and died. However, the Tribunal ought to have given liberty to the Insurance Company to take appropriate proceedings for recovery of compensation amount from the bus owner and driver. He submits that since no liberty was given, the Insurance Company could not undertake the proceedings for recovery of the compensation amount from the bus owner and driver.

4. I find substance in the submission of learned counsel appearing for the appellant. However, looking at the fact that the Tribunal judgment is dated 10.12.2003, and since then, almost 20 years have gone by, even if this Court grants liberty to the Insurance Company, it would be a futile exercise inasmuch as it would be difficult for the Insurance Company to gather evidence after 20 years. Though I agree with the submission of Mr. Parv Agarwal but because of the time lapse, I am not convinced to grant said liberty at this belated stage, therefore, present appeal is hereby dismissed.

5. Insurance Company is directed to deposit the amount as awarded by learned Motor Accidents Claims Tribunal within a period of 2 months from today, and the said amount shall be disbursed to claimant after due verification.

6. Let Motor Accidents Claims Tribunal record be sent back forthwith.

(Cross Objection No.227495 of 2006)

7. Judgment and order of Tribunal is a well reasoned order, which does not require any interference by this Court.

8. Amount deposited in pursuance of the impugned judgment and order dated 10.12.2003 shall be released forthwith in favour of the respondents after due verification.

Order Date :- 8.5.2023

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