NATIONAL INSURANCE COMPANY LTD. Vs. SMT. SUNILA GUPTA

JUDGEMENT

(1.) In this Appeal, Appellant/Insurer seeks to wriggle out of the liability to pay the awarded compensation. Vide impugned Award of 27th Sept., 2008, compensation of Rs. 12 lacs with interest at the rate of 9% per annum has been awarded to respondent-claimant on account of death of Dr. C.B. Gupta in a road accident on 17th Jan., 1994. Vide subsequent order of 31st Oct., 2008, the arithmetical mistake in calculation of awarded amount stands corrected by learned Motor Accident Claims Tribunal (hereinafter referred to as the 'Tribunal') and the rectified compensation granted is Rs. 11,02,000.00 with the same rate of interest.

(2.) The facts of this case are already noted in the impugned Award and so needs no reproduction, as challenge to the impugned award is not on quantum of compensation granted but is on the liability aspect. Suffice to note the accident took place on 7th Jan., 1994 and driving license of driver who was driving the vehicle in question, had lapsed on 5th Sept., 1993 and it was got renewed after about four months of the accident i.e. on 19th Jan., 1994 i.e. two days after the accident in question. Learned Tribunal has relied upon Supreme Court decision in Ishwar Chandra Vs. Oriental Insurance Company & ors. 2007 ACJ 1067 to grant recovery rights to appellant against owner and driver of vehicle in question.

(3.) As per order of 21st April, 2010, service is complete. Respondent no. 4 and 5, who are the driver and owner of vehicle in question have been served by publication but none has appeared on their behalf. However, counsel for respondent-claimant had initially appeared. While entertaining this appeal, appellant was called upon to deposit the entire awarded amount. Vide order of 22nd July, 2009, it was directed that the entire deposited amount with interest be released to respondent-claimant. Contesting respondents No.4 and 5, who are the owner and driver of vehicle in question are unrepresented.