PRATIK CHANDRESHBHAI MEHTA Vs. ORIENTAL INSRUANCE COMPANY LTD

JUDGEMENT

(1.) The present petition is directed against the order dated 27.03.2015 passed by the learned Motor Accident Claims Tribunal, Bharuch below Exhibit-8 in MAC Execution Petition No.48 of 2014 whereby an application to issue recovery warrant against the respondent No.1-Insurance Company is rejected.

(2.) The petitioner filed Claim Petition No.686 of 2012 before the learned Motor Accident Claims Tribunal, Bharuch to recover compensation of Rs. 5,00,000/- from the respondent having suffered bodily injuries in the accident which happened on 27.03.2012. The Tribunal, by judgment and award dated 21.07.2014, partly allowed the Claim Petition and passed the award as under:-

(3.) The respondent No.1-Insurance Company deposited a sum of Rs. 1,37,650/- with interest in the Tribunal as per the apportionment made by the Tribunal between the joint tort-feasor. The petitioner, thereafter, filed Regular Darkhas No.48 of 2014 in the Claims Tribunal at Bharuch to recover the balance amount, wherein, Exhibit-8 application was given for issue of recovery warrant against the respondent No.1-Insurance Company. The Tribunal, by impugned order rejected the application on the ground that inter se liability is apportioned in the award and the Insurance Company has deposited the amount as per its liability.