SHABRIN & ORS. Vs. LEKHA PARSAD

JUDGEMENT

(1.) On 18.01.1987, Abdul Rashid was travelling in a bus of the second respondent bearing registration no.DEP-7680 and while alighting at South Extension Part-I, he suffered injuries on account of fall due to forward movement of the bus by its driver (first respondent). On account of head injuries consequentially suffered, he died in the hospital two days later. His legal heirs (the appellants herein) brought a petition for compensation on the principle of fault liability before the motor accident claims tribunal (the tribunal). The bus was admittedly insured with third respondent herein against third party risk covering the relevant period, though the insurers contention being that its liability was limited to Rs. 15,000.00. The tribunal, after inquiry, awarded a compensation in the sum of Rs. 1,83,000.00 with interest @ 9% per annum from the date of filing of the petition till realization. The contention of the insurance company that its liability was limited to Rs 15,000.00 only under the policy (Ex.RW1/1), was upheld but it was directed, with reference to the law laid down in Oriental Insurance Company Ltd. Vs. Cheruvakkara Nafessu & Ors., 2001 ACJ 1 , which, in turn, had followed New Asiatic Insurance Co. Ltd. Vs. Pessumal Dhanamal Aswani, 1958-65 ACJ 559 (SCC) , to indemnify the third party and granted recovery rights against the insured.

(2.) The claimants brought this appeal in Aug. 2001 but failed to prosecute it diligently. For the delay in adjudication over the last almost 15 years, the claimants and their counsel will have to share most of the blame. Even today, a request was made on their behalf through Mr. Puran Chand, Advocate for adjournment on the ground that learned counsel are out of station. It is noted that there are two advocates who had been appearing on the earlier dates on behalf of the appellants. It is not explained as to why at least one of them could have been present to assist the court in adjudication upon this, one of the oldest appeals on the board of the court.

(3.) The first respondent (widow of the deceased) died on 27.11.2014. The death certificate has been submitted by the learned counsel for the appellant also representing the other appellants, by way of application (CM No. 2982/2016), inter-alia, stating that no other legal heirs are to be brought on record as the legal heirs who have survived (appellants nos. 2 to 6) are already on record.