Delhi High Court
The Oriental Insurance Co Ltd vs Sanju Bala & Ors on 20 November, 2017
$~ 2
IN THE HIGH COURT OF DELHI AT NEW DELHI
Decided on : 20th November, 2017
+ MAC.APP. 681/2015 and CM APPL.17379/2015
THE ORIENTAL INSURANCE CO LTD .....Appellant
Through: Mr. J.P.N. Shahi with Mr. Kamal
Dhingra, Advocates.
versus
SANJU BALA & ORS ..... Respondents
Through: Mr. S.N. Parashar, Advocate for R-1
to 5.
CORAM:
HON'BLE MR. JUSTICE R.K.GAUBA
JUDGMENT (ORAL)
1. By judgment dated 26.05.2015, the Motor Accident Claims
Tribunal decided the accident claim case (suit No.130/2014) of first to
fifth respondents (collectively, the claimants), awarding compensation
after returning a finding that Narayan Singh had died as a result of
injuries suffered by him in a motor vehicular accident that took place
on 18.02.2013 at about 11.50 P.M. due to negligent driving of Trailer
lorry bearing No.HR-38N-9699 by the sixth respondent (driver), it
having collided against Eicher van bearing No. HR-55J-8384 which,
in turn, was driven at the relevant point of time by the deceased
Narayan Singh.
2. The insurance company on which the liability to pay
compensation has been fastened by the Tribunal questions the said
finding on the issue of negligence and has also raised certain
contentions with respect to the computation of compensation.
3. At the hearing, the learned counsel for the claimants fairly
conceded that an eye-witness was available who could have proved
the negligence but he was not examined at the inquiry before the
Tribunal on the assumption that the same would not be necessary. He
submitted that while the claimants concede that the impugned
judgment may be set aside, the request is made for the matter to be
remanded so that the eye-witness account can be brought on record.
4. In the facts and circumstances of the case, the request to the
above effect is accepted. The impugned judgment is set aside. The
claim case is remanded to the Tribunal for further inquiry in which the
claimants will be given opportunity to lead further evidence,
particularly on the question of involvement of the insured vehicle and
the negligence on the part of his driver. After said opportunity has
been offered, the parties which contest shall also be given similar
opportunity to lead evidence in rebuttal, if any. The Tribunal,
thereafter, shall pass a fresh judgment not feeling bound by the view
taken earlier on any of the relevant aspects.
5. By order dated 28.08.2015, the insurance company had been
directed to deposit the entire awarded amount with the Registrar
General as a pre-condition to the stay against execution and out of
such deposit 50% was permitted to be released, the balance retained in
interest bearing fixed deposit. The balance which was retained with
accrued interest shall be presently refunded along with statutory
deposit to the insurance company. The amount already released to the
claimants shall be subject to suitable adjustment or such other
directions as may be deemed necessary by the Tribunal in the light of
fresh adjudication.
6. The parties shall appear before the Tribunal on 20th December,
2017.
7. The appeal and the application filed therewith stand disposed
of.
R.K.GAUBA, J
NOVEMBER 20, 2017
srb
