NEW INDIA ASSURANCE CO LTD Vs. UMA DEVI

JUDGEMENT

(1.) THIS appeal is arising out of judgment and order dated 18th February, 2009 passed by Motor Accidents Claims Tribunal, Kanpur Nagar. The only point raised by appellant/insurance company is that while deciding 8 other applications arising out of the selfsame accident, tribunal has granted right of recovery to the concerned insurance company under the judgment and order dated 1st December, 2006, but in this case no such right of recovery has been granted. Earlier judgment was placed before the tribunal and has also been placed before this Court. We have gone through the judgment and found that the case of the owner is on the fateful day the vehicle was under repair. Good bad indifferent, when the right of recovery has been granted by the tribunal under the earlier judgments and orders arising out of selfsame accident, how the same can be denied is unknown to us. THIS can be done only for sufficient reasons. But we do not find that any explanation is available from the judgment and order of the tribunal. Against this background we are of the view that the appellant will be at liberty to make an application before the tribunal for rectification of the award and in such application, upon sufficient notice and giving fullest opportunity of hearing to all parties, tribunal will pass a reasoned order in this respect within a period of two months from this date. However, such order will be passed subject to deposit of entire sum payable on the part of appellant/insurance company in the tribunal and hearing of such application, if made by the appellant, will not debar the release of entire deposited amount in favour of claimant/s in the mean time. With the above observations, appeal is disposed of at the stage of admission, however, without any order as to cost. Incidentally, the appellant-insurance company prayed that the statutory deposit of Rs. 25,000/- made before this Court for preferring this appeal be remitted back to the concerned Motor Accidents Claims Tribunal as expeditiously as possible in order to adjust the same with the amount of compensation to be paid to the claimants, however, such prayer is allowed.