Oriental Insurance Co. Ltd. vs Chhote Lal & Ors
2012 Latest Caselaw 5482 Del

$~4
*     IN THE HIGH COURT OF DELHI AT NEW DELHI

                                               Date of decision: 12th September, 2012

+     MAC.APP. 617/2010

      ORIENTAL INSURANCE CO. LTD.                                   ..... Appellant
                   Through: Mr.Pradeep Gaur, Advocate.

                      versus

      CHHOTE LAL & ORS                                  ..... Respondents
                   Through: Mr.G.K.Tiwari, Adv. for R-1

      CORAM:
      HON'BLE MR. JUSTICE G.P. MITTAL

                                 JUDGMENT

G. P. MITTAL, J. (ORAL)

1. The Appellant Insurance Company impugns the judgment dated 13th July, 2010 passed by the Motor Accident Claims Tribunal (Claims Tribunal) whereby in a Petition under Section 163-A of the Motor Vehicles Act, 1988, (the Act) a compensation of `3,14,756/- was awarded in favour of Respondent No.1.

2. Apart from challenging the quantum of compensation, learned counsel for the Appellant Insurance Company urges that the Claims Tribunal without affording any opportunity to the Appellant to prove the breach of terms of policy, closed its evidence.

3. I have before me the Trial Court record. In this case the issues were framed on 29th April, 2010. On that very date the evidence of Respondent No.1 was recorded and the case was posted for Respondents' evidence for 1st June, 2010.

The Appellant had taken steps for service of witnesses from the Regional Transport Authority, Faridabad and summons were issued.

4. A perusal of the record reveals that the summons were not returned. Instead of taking steps for ensuring the attendance of the witnesses summoned by the Appellant, the Claims Tribunal closed its evidence. It is apparent that the Claims Tribunal acted in hot haste in closing the evidence. The impugned order, therefore, cannot be sustained and the same is accordingly set aside.

5. The parties are directed to appear before the Claims Tribunal on 15 th October, 2012.

6. The Claims Tribunal shall grant adequate opportunity to the Appellant to prove its defence.

7. The Claims Tribunal shall be at liberty to award compensation in accordance with Section 163-A of the Act and shall not be bound by its earlier view.

8. By an order dated 16th September, 2010, 75% of the award amount was ordered to be released in favour of Respondent No.1 which was subject to the final outcome of the decision. Rest 25% of the award amount shall be released to the Appellant Insurance Company.

9. Statutory amount of `25,000/- shall be refunded to the Appellant Insurance Company.

9. The Appeal is allowed in above terms.

10. The pending Applications stand disposed of.

G.P. MITTAL, J SEPTEMBER 12, 2012 v