________________________________________________________________ vs National Insurance Company ...
2021 Latest Caselaw 483 HP

    IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

                                                                         CMPMO No. 8 of 2021
                                             Date of Decision: 8.01.2021




                                                                                          .
    ________________________________________________________________
    Smt. Asha Devi @ Asha Rani & Anr.                 .....Petitioners





                           Versus
    National Insurance Company Limited                                         .....Respondent





    Hon'ble Mr. Justice Sandeep Sharma, Judge.
    Whether approved for reporting? 1Yes.

    For the Petitioner : Mr. Malay Kaushal, Advocate, through video-
                         conferencing.




    Sandeep Sharma, Judge (oral):

r to For the Respondent: Mr. Jagdish Thakur, Advocate, through video-

conferencing.

Instant petition filed under Article 227 of the Constitution

of India takes exception to order dated 2.12.2020, passed by Motor

Accident Claims Tribunal-I, Shimla, District Shimla, H.P., in CMA

No.177-S/6 of 2020 in MAC No.51-S/2 of 2019, titled as Smt. Asha Devi @

Asha Rani versus National Insurance Company Limited, whereby

learned Tribunal below refused to release the entire award amount in

favour of the applicant/petitioner No.1, despite the fact that petition

bearing MAC No. 51-S/2 of 2019, having been filed by the

applicants/petitioners stands finally decided and no appeal, whatsoever,

has been filed against the award dated 29.7.2020 passed by Motor

Accident Claims Tribunal-I, Shimla in the superior Court of law.

Whether the reporters of the local papers may be allowed to see the judgment?

2. Precisely, the facts of the case as emerge from the record are

that the applicants/petitioners filed petition under Section 166 of the

Motor Vehicles Act,1988 ( for short 'Act'), seeking therein compensation

.

on account of death of Sh. Ashish Kumar, predecessor in interest of the

applicants/petitioners, but before the mater could be decide on its own

merits by the Tribunal below, parties to the lis entered into the

compromise deed Ex.C1. As per the compromise, applicants/petitioners

came to be entitled for sum of Rs. 34 lacs as full and final settlement of

the claim. Vide award dated 29.7.2020, learned Tribunal below while

accepting the compromise deed entered interse parties ordered that

amount of compensation is apportioned amongst the petitioners No.1

and 2 as under:-

Claimant No.1, Asha Devi =90%

Claimant No.2, Aman Kaundal = 10%

3. Vide aforesaid award, Tribunal below also directed the

respondent-Insurance Company to deposit the entire amount of

compensation within a period of 45 days from the date of passing of

award, failing which, applicants/petitioners would be entitled for interest

at the rate of 6% per annum from the date of petition till its realization.

4. On 12.10.2020, applicant/petitioner No.1,Smt. Asha Devi @

Asha Rani filed an application for release of the award amount falling in

her share in terms of award dated 29.7.2020 passed by learned Tribunal

below in MAC No. 51-S/2 of 2019. However, fact remains that learned

Tribunal below despite having taken note of the fact that

applicant/petitioner No.1, Smt. Asha Devi is in dire need of money to

meet her day to day expenses and further to payback the amount

.

borrowed from the relatives, ordered for release of sum of Rs. 2 lacs in

favour of applicant/petitioner No.1, Asha Devi, whereas applicant/

petitioner No.1, Smt. Asha Devi had prayer for release of the entire

amount falling in her share. Learned Tribunal below having taken note

of the fact that prior to filing of the application at hand,

applicant/petitioner No.1 was also released sum of Rs.5.00 lacs on

9.10.2020, released sum of Rs. 2 lacs instead of releasing entire award

amount and as such, applicant/petitioner No.1 has approached this Court

in the instant proceedings, seeking therein direction to the learned

Tribunal below to release the entire award amount falling in her share.

5. Mr. Jagdish Thakur, learned counsel representing the

respondent/Insurance Company fairly states that he does not intend to

file any reply to the petition and shall have no objection in case the

prayer made in the petition is allowed. Mr. Thakur, fairly states that

since award dated 29.7.2020 has attained finality coupled with the fact

that applicant/petitioner No.1 is major, learned Tribunal below ought to

have released entire award amount falling in the share of

applicant/petitioner No.1.

6. Having heard learned counsel representing the parties and

perused the averments contained in the petition as well as documents

annexed therewith, this Court finds that the claim petition having been

filed by the applicants/petitioners was allowed on the basis of the

compromise arrived interse parties, factum whereof stands duly recorded

.

in the shape of the statements of both the parties recorded by the

Tribunal below before passing the award dated 29.7.2020. Statements

made by the parties to the lis before the learned Tribunal below clearly

reveal that both the parties agreed for Rs. 34 lacs in lump sum and as

such, Tribunal below vide award dated 29.7.2020 while allowing claim

petition for aforesaid sum held applicant/petitioner No.1 Smt. Asha Devi

entitled to 90% of the award amount and applicant/petitioner No.2,

Aman Kaundal to 10% of the award amount.

7. Since, it is not in dispute interse parties that award dated

29.7.2020 was based upon the compromise interse parties and same has

attained finality on account of the fact that none of the parties have laid

challenge to the aforesaid award in the superior court of law, there was

no occasion, whatsoever for the Tribunal below to release amount of

compensation in piece meals, especially when applicant/petitioner No.1 is

major. No doubt, learned Tribunal below with a view to protect the

interest of minor can always order to withhold the amount of

compensation till the time minor attains majority, but once

applicants/claimants is major and award on the basis of which he/she

becomes entitled for compensation has attained finality, court is not

justified in releasing the amount in piece meals. Otherwise very purpose

of awarding compensation on account of the injuries or death would be

defeated. Needless to say, amount in such like petitions is always

awarded to relive injured or claimants of deceased from the destitution

.

and enable them to meet their day to day expenses.

8. Consequently, in view of the above, the present petition is

allowed and learned Tribunal below is directed to release the entire

award amount of compensation falling in the share of applicant/petition

No.1 forthwith by ordering remittal of the same in her saving bank

account, details whereof shall be furnished within a period of one week.

Registry of this Court is directed to supply copy of this order

to all the Courts below for necessary compliance.

The petition stands disposed of in the aforesaid terms, so

also pending application(s), if any.

(Sandeep Sharma), Judge January 08,2021 (shankar)