NATIONAL INSURANCE CO LTD Vs. VIJAY BHARDWAJ

JUDGEMENT

(1.) SIX Claim Petitions arising out of Suit Nos.280/07, 281/07, 282/07, 284/07, 285/07 & 289/07 came to be decided by a common judgment dated 31.10.2008 by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby compensation of various sums were awarded in favour of the Claimants. In Suit bearing No.281/07 titled Vijay Bhardwaj @ Vijay Prakash Bhardwaj v. National Insurance Co. Ltd. & Ors., the Claims Tribunal directed the Insurance Company to deposit the sum of ` 13,60,000/- along with interest @ 7.5% from the date of filing of the Appeal till its realization.

(2.) AN application under Section 152 of the Code of Civil Procedure was moved by the Appellant National Insurance Co. Ltd. to apportion the award amount in terms of the judgment of the Supreme Court in National Insurance Co. Ltd. v. ANjana Shyam & Ors., (2007) 7 SCC 445. The application, although, was allowed by the Claims Tribunal by an order dated 13.01.2009 yet in fact no apportionment was made.

(3.) THE parties are directed to appear before the Claims Tribunal on 06.03.2012. THE Appeal is allowed in above terms. THE statutory amount of ` 25,000/-, if deposited by the Appellant, shall be refunded.