Delhi High Court
Reliance General Insurance Co. ... vs Usha Devi & Ors. on 17 August, 2009
Author: J.R. Midha
28
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAC.APP.No.6/2009
% Date of decision: 17th August, 2009
RELIANCE GENERAL INSURANCE CO. LTD ...... Appellant
Through : Mr. K.L. Nandwani, Adv.
versus
USHA DEVI & ORS. ..... Respondents
Through : Mr. Y.R. Sharma, Adv.
for R - 1 to 5.
CORAM :-
THE HON'BLE MR. JUSTICE J.R. MIDHA
1. Whether Reporters of Local papers may YES
be allowed to see the Judgment?
2. To be referred to the Reporter or not? YES
3. Whether the judgment should be YES
reported in the Digest?
JUDGMENT (Oral)
MAC.APP. No.6/2009 and CM No.146/2009
1. The appellant has challenged the interim award passed by
the learned Tribunal whereby compensation of Rs.50,000/- has
been awarded to respondent No.1.
2. The accident dated 21st October, 2007 resulted in the death
of Surinder Kumar. The deceased was survived by his widow, two
daughters, one son and father who filed the claim petition before
the learned Tribunal.
3. The appellant contested the claim petition on the ground
that the cheque towards the premium was dishonoured and the
cover note was cancelled.
4. The learned counsel for the appellant submits that the
intimation of cancellation has not been given by the appellant to
the Road Transport Authority.
5. It is well settled that, if the cancellation of the policy is not
intimated to the Road Transport Authority, the Insurance
Company remains liable towards the third party.
6. For the aforesaid reasons, the appeal is dismissed.
7. The interest on the interim award amount of Rs.50,000/-
from the date of filing of the petition, i.e., 14 th December, 2007
up to the date is calculated to be Rs.6,666/-. The total award
amount along with interest is computed to be Rs.56,666/-
(Rs.50,000 + interest of Rs.6,666).
8. The appellant has deposited the statutory amount of
Rs.25,000/- along with the appeal. The appellant had filed
cheque No.164788 dated 11th April, 2009 for Rs.29,471/- drawn in
the name of respondent No.1 which is today handed over to
claimant/respondent No.1.
9. The Registry is directed to release the statutory amount of
Rs.25,000/- deposited by the appellant and interest thereon along
with this appeal to claimant/respondent No.1 within a period of
two weeks. After adjusting the statutory amount of Rs.25,000/-
and interest thereon, i.e, Rs.1,010/- and the amount of
Rs.29,471/- paid over to claimant/respondent No.1 today, a sum
of Rs.1,185/- is due and payable by the appellant to
claimant/respondent No.1 towards the up to date interest on the
interim award amount of Rs.50,000/-.
10. The claimant/respondent No.1 is permanent resident of
Village Saraya Ismail, Tehsil Handia, District Allahabad and has
attended the Court to collect the award amount.
11. The learned counsel for the appellant has on direction of
this Court, paid the balance interest of Rs.1,185/- to
claimant/respondent No.1 in cash. The appellant is directed to
reimburse the said amount to learned counsel for the appellant.
12. The entire interim award passed by the learned Tribunal
stands satisfied.
13. Copy of this order be given 'Dasti' to learned counsel for
both the parties under signatures of Court Master.
14. The CM No.146/2009 stands disposed of as infructuous.
15. The LCR be send back to the learned Tribunal immediately.
J.R. MIDHA, J
AUGUST 17, 2009
mk
