Delhi High Court
Icici Lombard General Insurance ... vs Kaushalya Devi And Ors. on 1 February, 2008
Author: K Gambhir
Bench: K Gambhir
JUDGMENT
Kailash Gambhir, J.
1. The main grievance raised by counsel for the appellant is that under the insurance policy, it is the Haryana Roadways who has to satisfy the award and thereafter the same can be recovered from the insurance company. The contention of counsel for the appellant is that ignoring the said contingent policy, the appellant insurance company has been held liable to pay the amount. The other grievance raised by counsel for the appellant is that excessive amount of 70,000/- has been awarded by the Tribunal towards loss of love and affection although under the Second Schedule of the Motor Vehicles Act, in a claim petition under Section 163A, the sum specified is Rs. 10,000/-. Counsel further contends that even the Tribunal has not given deduction of the interim amount of compensation already paid by Haryana Roadways.
2. I have heard learned Counsel for the appellant.
3. Perusal of the award shows that the liability to pay the compensation amount has been held to be joint and several of all the respondents. Where two or more people enter into some contractual obligation together with another party then joint and several liability means that the other party can recover the whole indebtedness from any of them and then the joint and several liability holder shall sort out their respective contributions amongst themselves. Therefore, in the instant case, once the liability has been made joint and several, the award is equally enforcible against the Haryana Roadways as well. However, in any event of the matter, even if the amount is paid by the appellant insurance company, then under the contingent policy being relied upon by the appellant, the said amount can always be recovered by the appellant from Haryana Roadways.
4. I, therefore, do not find any force in the arguments of counsel for the appellant that the appellant should not be made liable to pay the awarded amount. As regards the other contention of counsel for the appellant that the excessive amount of compensation towards loss of love and affection has been awarded, I do not find myself in agreement with the plea taken by the appellant that the said amount should not exceed the amount as mentioned in the Second Schedule of the Motor Vehicles Act. The structured formula laid down in the Second Schedule of the Motor Vehicles Act was brought in the Statute Book in the year 1994 and there has not been any revision in the said schedule by the Central Government although Section 164 of the Motor Vehicles Act provides for such an increase. Therefore, no interference is called for to reduce the said amount of compensation awarded towards loss of love and affection. The total amount of compensation awarded in the impugned award is Rs. 2 lacs. Interim amount of compensation was already satisfied by Haryana Roadways. It appears that the Tribunal has not given adjustment of the said interim amount already paid by Haryana Roadways, therefore, it is made clear that out of the said amount of Rs. 2 lacs of compensation, amount already paid by Haryana Roadways and received by the claimants shall be given due adjustment.
5. With these directions, the appeal is disposed of.
