Delhi High Court
Reliance General Insurance ... vs Suresh Kumar & Anr. on 24 November, 2017
$~R-562
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Decided on: 24th November, 2017
+ MAC APPEAL 812/2012
RELIANCE GENERAL INSURANCE COMPANY
LTD. ..... Appellant
Through: Mr. Pankaj Seth, Advocate
versus
SURESH KUMAR & ANR. ..... Respondents
Through: None
CORAM:
HON'BLE MR. JUSTICE R.K.GAUBA
JUDGMENT (ORAL)
1. The appellant (insurer) is aggrieved by the impugned judgment
dated 24.04.2012 of the Motor Accident Claims Tribunal (Tribunal)
on accident claim case (M-85C/11) of the first respondent fastening
the liability to pay compensation in the sum of Rs.4,82,162/- against
it. The challenge in the appeal is to the procedure adopted by the
tribunal, it having gone ahead to grant such award in absence of any
evidence.
2. The appeal was put in the list of 'Regulars' as per order dated
22.01.2016. On it being called out in its turn, there is no appearance
on behalf of the first respondent (claimant). It is noted that the
claimant had also not been appearing for three consecutive dates
before the appeal was put in the list of 'Regulars'.
3. A perusal of the record and of the impugned judgment shows
that the procedure adopted by the tribunal cannot be upheld. The only
concession given by the insurer was that it was not disputing the
factum of accident or the manner in which it had taken place. The
tribunal, however, proceeded to compute the compensation over and
above the legal offer made by the insurer without calling upon the
petitioner to prove the requisite facts having a bearing on the subject
including the nature of injuries, the disability, if any, and its extent or,
for that matter, the nature of avocation, income etc.
4. In these circumstances, the impugned judgment is set aside. It
would, however, be unjust and unfair to dismiss the claim petition for
default in compliance with the procedure by the tribunal. The claim
case of the first respondent is consequently remanded to the tribunal
for appropriate inquiry in the course of which the claimant will be
called upon to adduce evidence followed by opportunity to the parties
that contest to lead evidence in rebuttal, if any.
5. The parties are directed to appear before the tribunal on
10.01.2018.
6. Since the first respondent / claimant has not appeared before
this court at the time of final hearing on the appeal, the tribunal is
directed to issue court notice to him to secure his presence before
proceeding further.
7. By order dated 30.07.2012, the insurer had been directed to
deposit the entire awarded with up-to-date interest excluding counsel
fee and out of pocket expenses which had also been awarded and from
out of such deposit, sixty percent (60%) was permitted to be released
to the claimants, the balance kept in fixed deposit receipt. The balance
lying in deposit with accrued interest and the statutory deposit shall be
presently refunded to the insurer. The amount already released to the
claimant will be subject to appropriate directions to be given by the
tribunal at the time of fresh adjudication.
8. The appeal is disposed of in above terms.
R.K.GAUBA, J.
NOVEMBER 24, 2017
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