Oriental Insurance Co Ltd vs Indira Chauhan & Ors
2013 Latest Caselaw 4491 Del

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*      IN THE HIGH COURT OF DELHI AT NEW DELHI
%             Judgment delivered on: 27th September, 2013


+      MAC.APP. 878/2013
       ORIENTAL INSURANCE CO LTD                             ..... Appellant
                                 Through:Mr. Vijay Singh and
                                 Mr. Abhishek Kumar, Advs.
                                        Versus
       INDIRA CHAUHAN & ORS                                  ..... Respondents
                        Through:None
       CORAM:
       HON'BLE MR. JUSTICE SURESH KAIT

SURESH KAIT, J. (Oral)

CM No. 15369/2013 (for exemption)

Exemptions allowed, subject to all just exceptions. The application stands disposed of.

CM No. 15368/2013 (for delay) In view of the averments made in the application, the delay of 9 days in filing the instant appeal is condoned.

The application stands disposed of.

MAC. Appeal No.878/2013

1. Counsel appearing on behalf of the appellant submits that vide order dated 08.03.2011 the learned Tribunal passed the following order:-

" WS of R-1&4 not received despite last opportunity. If their WS is not received by today evening then their right to file the same shall deem to be closed and their defence shall be struck off.

Put up on 26.03.2011 for framing of issues. Counsel for R-2 supplied copy of D/L & permit to counsel for R-3. Counsel for R-3 & 6 agreed to pay Rs.50,000/- interim compensation to the petitioners u/s 140 of Motor Vehicle Act in equal proportions at this stage as dispute about composite/contributory negligence shall be decided later on and if after trial it is found that any insurance Co. was not liable to pay its share of interim compensation, then it can be given rights to recover the same from another. Accordingly, it is directed that respondents no. 3 & 6 shall pay Rs.25,000/- each to petitioner no.1 with interest @ 7.5% p.a. from the date of institution of petition, i.e., 07.11.2007 till it is paid. Typed copy of order be given to counsel for R-3 & 6."

2. After enquiry, the learned Tribunal awarded compensation amount vide award dated 11.09.2012 holding that the accident in question had taken place due to rash and negligent driving of offending vehicle, i.e., truck bearing No.HR 32T 3255 which was duly insured with the respondent no.6/National Insurance Company. He submits that the learned Tribunal

inadvertently has not passed the order to recover Rs.25,000/- which was deposited by the appellant at the time of no fault liability as an interim award.

3. I note, vide order dated 08.03.2011 the learned Tribunal has already granted right to recover the same from another insurance company. The appellant was not held liable to pay the compensation, therefore, the appellant is at liberty to file execution petition against the respondent No.6. The order dated 08.03.2011 passed by the learned Tribunal has been merged in a final award dated 11.09.2012, therefore, the appellant is at liberty to recover the same from respondent No. 6/National Insurance Company.

4. In view of the above, the instant appeal stands disposed of.

5. A copy of this order be given dasti to ld. counsel for the appellant.

SURESH KAIT, J.

SEPTEMBER 27, 2013 RS