RAJENDRA BAN Vs. MOTOR ACCIDENT CLAIM TRIBUNAL

JUDGEMENT

(1.) An accident occurred on Haridwar Nazibabad road wherein a Motorcycle dashed into a parked truck resulting in the death of one person and injury to the other person. The heirs of the deceased filed a Claim Application No.432 of 2007 before the Motor Accident Claims Tribunal, Muzaffarnagar. The injured person also filed a Claim Application No.130 of 2008 before the same Tribunal. In Claim Application No.432 of 2007, the Tribunal gave an award dated 6th November, 2008 directing the insurance company to pay Rs.1,79,500/- along with interest to the claimants. In this award issue no.4 was decided leaving it open to the insurance company to recover the amount from the owner of the vehicle.

(2.) In so far as Claim Application No.130 of 2008 is concerned the Tribunal gave an award dated 7th March, 2009 directing the insurance company to pay a sum of Rs.3,24,173/- along with interest to the claimants. In this award, the Tribunal did not give any direction to the insurance company to recover the amount from the owner of the vehicle.

(3.) Against this award dated 7th March, 2009, the insurance company filed First Appeal From Order No.1967 of 2009 before the High Court. The Appellate Court did not find any fault in the impugned award holding that no case was made out in favour of the insurance company. The appeal was, however, disposed of permitting the insurance company to make an appropriate application for the purpose of recovery of amount, if any, from the owner of the vehicle. The Appellate Court directed that in the event, such an application is filed, the Tribunal would dispose of the same within three weeks. For facility, the direction of the Appellate Court dated 1st July, 2009 is extracted hereunder: