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Punjab-Haryana High Court
The Oriental Insurance Co. Ltd. vs Baldev Singh And Others on 28 April, 2026
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
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110 CR-7580-2025
Date of Decision.: 28.04.2026
The Oriental Insurance Co. Ltd. .....Pe//oner
Vs.
Baldev Singh and Others .....Respondents
CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA
Present:- Mr. Punit Jain, Advocate
for the pe oner.
Mr. Kishan Garg, Advocate for
respondent Nos.1 and 2.
None for respondent Nos.3 and 4.
****
DEEPAK GUPTA, J. (ORAL)
The present pe on under Ar cle 227 of the Cons tu on of
India has been filed by the pe oner-Insurance Company, laying challenge
to the order dated 06.10.2025 (Annexure P-1) passed by the learned
Execu ng Court in Execu on Pe on No.83 of 2020, whereby the pe oner
has been directed to pay an amount of ₹5,58,322/- to respondent Nos.1
and 2 (parents of the deceased), with liberty to recover the same from
respondent Nos.3 and 4 (widow and minor son of the deceased).
2. The factual backdrop reveals that on account of the death of
Mandeep Singh in a motor vehicular accident, a claim pe on under
Sec on 166 of the Motor Vehicles Act was ins tuted by his legal
representa ves. The learned Motor Accident Claims Tribunal, vide award
dated 03.12.2013, assessed compensa on at ₹24,20,296/- along with
interest @ 6% per annum and appor oned the same by gran ng 20% to the
CR-7580-2025
parents (10% each) and 80% to the widow and minor son (40% each). In
compliance thereof, the pe oner-Insurance Company deposited the
en re awarded amount ₹28,77,190/- way back on 06.02.2014.
3. Aggrieved by the quantum, and appor onment, separate
appeals were preferred before this Court by the claimants - one by parents
and the other by widow & son of the deceased. Vide common judgment
dated 05.11.2019 of this court, the compensa on was enhanced to
₹42,48,988/- and the appor onment was modified, en tling the parents to
30% (15% each) and the widow & minor son to 70% (35% each). The
pe oner-Insurance Company, in compliance with the modified award,
deposited the enhanced amount along with applicable interest -
₹32,24,259/-.
4. It is not in dispute that the en re liability arising out of the
award, as modified by this Court, stands sa sfied.
5. Subsequently, respondent Nos.1 and 2 (parents of the
deceased) approached the Execu ng Court claiming that, in view of the
enhanced appor onment, they were en tled to an addi onal sum, as
under the original award they had received only 10% each. The Execu ng
Court, accep ng their plea, directed the pe oner-Insurance Company to
pay an amount of ₹5,58,322/- to them, while gran ng liberty to recover the
said amount (to the extent of 10%, excluding interest) from respondent
Nos.3 &4.
6. Assailing the said order, learned counsel for the pe oner
submits that once the en re compensa on, both under the original award
and as enhanced by this Court, has been deposited, no further liability can
be fastened upon the insurer. It is contended that any imbalance arising on
account of change in appor onment is a maAer inter se between the
claimants and the Execu ng Court has exceeded its jurisdic on in direc ng
Page No. 2 of 4 Pages
CR-7580-2025
the insurer to make fresh payment.
7. On the other hand, learned counsel appearing for respondent
Nos.1 and 2 supports the impugned order by contending that the parents
are en tled to their revised share in terms of the judgment passed by this
Court and the Execu ng Court has rightly ensured compliance thereof.
8. Having heard learned counsel for the par es and perused the
record, this Court finds that the impugned order cannot be sustained.
9. It is an admiAed posi on that the pe oner-Insurance
Company has discharged its en re liability by deposi ng the compensa on
amount as determined by the Tribunal and further as enhanced by this
Court. The modifica on brought about by this Court in its judgment dated
05.11.2019 pertains to the appor onment of the awarded amount amongst
the claimants and does not create any addi onal or con nuing liability
upon the insurer once the total awarded amount has been sa sfied.
10. The Execu ng Court, while passing the impugned order, has
proceeded on an erroneous premise by direc ng the insurer to pay the
differen al amount to respondent Nos.1 and 2 and thereaEer recover the
same from respondent Nos.3 and 4. Such a course is clearly beyond the
scope of execu on proceedings. It is well seAled that an Execu ng Court
cannot travel beyond the decree, nor can it impose a liability, which is not
contemplated therein.
11. In the present case, if by virtue of the modified appor onment,
respondent Nos.3 and 4 have received an amount in excess of their
en tlement, the remedy lies in effec ng recovery from them. The liability to
adjust such excess payment is purely inter se between the claimants and
cannot be shiEed upon the insurer, who has already sa sfied the decree in
its en rety.
Page No. 3 of 4 Pages
CR-7580-2025
12. The direc on issued by the Execu ng Court, in effect, creates a
fresh liability upon the pe oner-Insurance Company, which is
impermissible in law. The further observa on permiFng the insurer to
recover the amount from other claimants also does not cure the inherent
illegality, as, such a mechanism is not contemplated in the decree and
amounts to re-wri ng the mode of its execu on.
13. In view of the above, this Court is of the considered opinion
that the impugned order dated 06.10.2025 suffers from patent illegality and
jurisdic onal error and, therefore, warrants interference in exercise of
supervisory jurisdic on under Ar cle 227 of the Cons tu on of India.
14. Accordingly, the impugned order is set aside. It is, however,
clarified that respondent Nos.1 and 2 shall be at liberty to seek recovery of
the differen al amount, if any, from respondent Nos.3 and 4 in accordance
with law, and the Execu ng Court shall take appropriate steps to facilitate
such recovery, if so sought.
15. The present pe on stands allowed in the aforesaid terms.
(DEEPAK GUPTA)
JUDGE
April 28, 2026
Nee ka Tuteja
Whether Speaking/reasoned Yes/No
Whether Reportable Yes/No
Page No. 4 of 4 Pages
