AO/212/2010
2021 Latest Caselaw 4699 UK

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                                  AO No. 212 of 2010
                                  Shri Sanjaya Kumar Mishra, J.

Shri V.K. Kohli, Sr. Advocate assisted by Shri I.P. Kohli, Advocate for the appellant.

Shri Tapan Singh, Advocate for the respondent.

Learned counsel for the appellant submits the Xerox copy of insurance policy, in question, filed by the driver did not relate either to the Branch of the Insurance Company or to the Development Officer of the Company and denial to this effect has been made in paragraphs 9 and 13 of the written statement filed by the Insurance Company before the Tribunal.

I have perused the record. The denial made by the Insurance Company in the aforesaid paragraphs is evasive. The Insurance Company has not come up with an alternative case that this policy is issued with regard to another vehicle, so this Court is of the opinion that the judgment passed by the learned Tribunal does not require any interference.

In this case, the right of recovery has been given to the Insurance Company in the body of the impugned judgment and the Tribunal has observed that if the Insurance Company proved the fact that the truck was not insured with it, then it can recover the money from the owner of the offending vehicle. However, in the operative portion, the learned Tribunal has not granted any recovery right to the Insurance Company.

So, it is apparent that this issue was not finally decided by the Tribunal. Hence, while dismissing the appeal, a liberty is granted to the appellant - Insurance Company to file proper application before the Tribunal to decide the issue - whether the truck, in question, was in fact insured with it or not? After issuing notice to the owner and the driver of the truck and affording reasonable opportunity of producing documents and opportunity of hearing to both the parties, the Tribunal shall pass appropriate orders on the issue.

Present appeal is dismissed. The judgment passed by the Tribunal is upheld. We further direct that the amount of award already deposited by the Insurance Company before the Tribunal shall immediately be released proportionately as fixed by the Tribunal in favour the claimants on their proper identification. The statutory amount along with interest, if any, deposited by the appellant before this Court shall be refunded to the appellant on proof of the deposit of the compensation awarded in favour of the claimants before the Tribunal.

(S.K. Mishra, J.) 23.11.2021 SKS