National Insurance Co Ltd. vs Sharman & Ors
2010 Latest Caselaw 760 Del

*IN THE HIGH COURT OF DELHI AT NEW DELHI

                      +   MAC.APP.No. 41/2008

                               Date of Decision:9th February, 2010,
%
      NATIONAL INSURANCE CO LTD     ..... Appellant
                    Through Mr. Pradeep Gaur and
                    Mr. Amit Kumar Pandey, Advocates.

                      versus

    SHARMAN & ORS            ..... Respondents
                  Through Mr. Vijay Kumar, Advocate for
                  Respondent Nos. 1 to 8.
CORAM :-
THE HON'BLE MR. JUSTICE J.R. MIDHA

1.      Whether Reporters of Local papers may        NO
        be allowed to see the Judgment?

2.      To be referred to the Reporter or not?       NO

3.      Whether the judgment should be               NO
        reported in the Digest?

                          JUDGMENT (Oral)

1. The appellant has challenged the award of the learned

Tribunal whereby compensation of Rs.2,20,000/- has been

awarded to the claimants/respondents No.1 to 8.

2. The accident dated 11th April, 2004 resulted in the

death of Mor Kali. The deceased was survived by her

husband, five sons and two daughters, who filed the claim

petition before the learned Tribunal.

3. The deceased was travelling in three wheeler scooter

bearing No.DL-1RC-9818 which met with an accident with

Bus bearing No.DL-1PB-4002. The claimants filed the claim

petition against the driver and owner of the TSR as well as

the Bus. The appellant is the insurer of the offending Bus.

4. The learned Tribunal held both the vehicles to be guilty

of composite negligence and the learned Tribunal passed the

impugned award jointly and severally against the bus and

TSR.

5. The learned Counsel for the appellant has urged at the

time of hearing of this appeal that the liability of the

appellant is 50% and the recovery rights be given to the

appellant to recover the 50% of the award amount from the

driver and owner of the TSR, since TSR was not insured. The

TSR was driven by respondent No.1 and was owned by

respondent No.2 at the time of the accident.

6. Since there is no challenge to the finding of composite

negligence of both the vehicles, the appeal is allowed and

the recovery rights are granted to the appellant to recover

50% of the award amount from respondent Nos. 1 and 2. The

impugned award stands modified to the above extent only.

7. The appellant deposited 50% of the award amount with

the Registrar General of this Court in terms of order dated

23rd January, 2008 and same was released to the claimants

vide order dated 18th March, 2008. The balance 50% of the

award amount was deposited by the appellant with Registrar

General in terms of order dated 25th May, 2009 and the said

amount has been kept in fixed deposit vide order dated 6th

November, 2009.

8. The Registrar General is directed to release balance

50% of the award amount to the claimants in the following

proportion:-

      (i)     Respondent No.1           -    50%

      (ii)    Respondent Nos. 2 to 7    -    5% each.

      (iii)   Respondent No.8           -    20%.

9. Respondent No.8 is minor and, therefore, his share be

kept in a fixed deposit with cumulative interest till he attains

the age of maturity.

10. Before releasing the balance 50% of the award, the

Accounts Department shall verify whether the statutory

amount of Rs.25,000/- had been adjusted by the appellant

while depositing the award amount with this Court. If the

statutory amount of Rs.25,000/- is found to have been

adjusted, the same be released to the claimants as part of

the award amount. However, if the statutory amount has not

been adjusted by the appellant while depositing the award

amount, the same may be refunded back to the appellant

through Counsel within a period of three weeks.

11. Copy of this order be given 'Dasti' to learned counsel

for both the parties under signature of Court Master.

12. The appeal and all pending CMs are disposed of.

J.R. MIDHA, J

FEBRUARY 09, 2010 HL