NATIONAL INSURANCE CO LTD Vs. DOLI

JUDGEMENT

(1.) THE insurance company of the truck has preferred this appeal challenging the judgment and order passed by Motor Accidents Claims Tribunal, Ghaziabad dated 13.02.2009 by saying that the tribunal has wrongly fastened the insurance company with the liability of 80% when it has already held that the bus would have avoided the accident. THErefore, in spite of such observation having been made on the basis of materials available before the tribunal, arriving at such wrong conclusion to draw inference is perverse in nature. We are of the view that the perversity is so glaring that in coming to conclusion in this respect the order of remand is obvious to consider the cause afresh and it will be reheard upon notice to all the concerned to come to an apportionment. THE tribunal will make appropriate apportionment upon notice to all parties concerned giving opportunity of hearing within one month from the date of communication of this order positively. THE appellant will deposit 80% of the alleged sum. Tribunal concerned is at liberty to release 50% of the said sum to the claimant/s without security. However, till the date the balance amount is not released the same will be kept in a short term Fixed Deposit of a nationalised bank and will be renewed time to time and will be subject to the result of the tribunal afresh. THE appeal is, accordingly, disposed of without imposing any 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.