United India Insurance Company ... vs The Oriental Insurance Company ...
2021 Latest Caselaw 62 Tri

                   HIGH COURT OF TRIPURA
                         AGARTALA

                          CRP 94 of 2017

United India Insurance Company Ltd.
                                                   ----Petitioner(s)
                                Versus

The Oriental Insurance Company Ltd. & Ors.
                                                  ----Respondent(s)

For Petitioner(s) : Mr. A. G. Choudhury, Adv. For Respondent(s) : Mr. P. Gautam, Adv.

Mr. S. Datta, Adv.

HON'BLE MR. JUSTICE S. TALAPATRA

Order

11.01.2021

Heard Mr. A. G. Choudhury, learned counsel

appearing for the petitioner as well as Mr. P. Gautam, learned

counsel appearing for the Oriental Insurance Company Ltd [the

respondent No.1] and Mr. S. Datta, learned counsel appearing

for the respondents No. 8 to 10. For the remaining respondents,

there is no representation, even though notice has been

properly served.

[2] Notice could not served on the respondent No.7. and

thus, the name of the respondent No.7 has been struck off from

the array of the parties at the instance of the petitioner.

[3] The grievance of the petitioner is that Lok Adalat had

accepted the terms of settlement by disposing the appeal

without being endorsed by the petitioner. By the said

settlement, it had been directed that 50% of the awarded

compensation be paid by the petitioner with interest @ 8% per

annum, if paid within two months from the date of the

settlement i.e. 12.03.2017 and failing which, increase interest

@ 10% be paid from the date of expiry of two months.

[4] Mr. Gan Choudhury, learned counsel appearing for

the petitioner has expressed his dismay that how the Lok Adalat

can approve a settlement having not been assigned or accepted

by the parties or in absence of the parties. This court is in total

agreement with Mr. Gan Choudhury, learned counsel appearing

for the petitioner and as such the said settlement dated

12.03.2017 stands interfered with and set aside. But this court

cannot leave the matter in that point, inasmuch as Mr. Gan

Choudhury, learned counsel appearing for the petitioner has

candidly admitted that United Insurance Company Ltd. was the

insurer of the motor bike bearing registration No.TR 01-F-7790

which has been held to be negligent or contributor to the

accident that occurred on 06.01.2012. The respective liability

has been determined the claim tribunal by its judgment and

order dated 03.04.2013 delivered in T.S. (MAC) 23 of 2012. The

tribunal settled the liability of payment of the compensation on

the Oriental Insurance Company Ltd, the insurer of the

offending vehicle bearing registration No. TR-04-1675 (Truck)

and the owner of the said motor bike bearing No. TR-01-F-7790

in equal proportion. The said order was challenged by the said

owner (the respondent No.9 herein) in the appeal being MAC.

APP 163 of 2013. In the course of time, the said appeal was

referred to the Lok Adalat which was held on 12.03.2017. The

appeal was disposed by settlement in the Lok Adalat on the

following observations.

"The case is taken up today for settlement in presence of the appellant-insurance companies and claimants.

The claim has been settled at Rs.12,53,500/- (Rupees twelve lakh fifty three thousand five hundred) only through conciliation.

It is agreed between the parties that the two Insurance Companies involved in the case shall pay to the claimants, the settled amount of compensation in equal share within a period of two months from today along with interest @ 8% per annum from the date of filing of the claim petition, failing which, the settled amount will carry interest @10% per annum from the date of expiry of two months from today.

The amount shall be disbursed among the claimants in terms of the mode of disbursed among the claimants in terms of the mode of disbursement already determined by the learned Tribunal. Amount already deposited by the appellant-insurance companies, if any, shall be deducted from the amount settled above, and the outstanding amount shall be deposited with the Registry of this High Court within time specified above."

[5] For the grievance as noted already, the petitioner has

challenged that order dated 12.03.2017. This court has already

set aside the settlement. As it is an admitted fact the vehicle

(the motor bike) was insured with the petitioner, the petitioner

shall pay the 50% of the awarded sum with interest @ 7%

within a period of two months from the date of filing of the claim

petition. This order will have effect of disposing the appeal being

MAA.APP 163 of 2013.

In terms of the above, this petition stands disposed

of.

Interlocutory application, if any, shall stand disposed

of.

JUDGE

Dipak