NATIONAL INSURANCE CO LTD Vs. RAM VETI

JUDGEMENT

(1.) IT has been contended by the learned Counsel appearing for the insurance company/appellant that the order of the concerned tribunal, Shahjahanpur dated 13.02.2009 is not good because no right of recovery has been given to the insurance company with regard to the awarded amount though in the issue no.3 question of fake driving licence has been raised on the basis of the documents available from the office of the Regional Transport Authority, Shahjahanpur. Learned Counsel appearing for the insurance company relied upon an order passed by a single judge of this High Court on 22.05.2009 in First Appeal From Order No. 1690 of 2009 (National Insurance Co. Ltd. Vs. Smt. Ram Veti and others) which was arising out of the same accident whereunder it has been observed in the similar line. Learned Counsel appearing for the appellant further submitted before this Court that once such appeal has been admitted this appeal can also be admitted for the self-same accident. We are not agreeable with the observations made by the learned single Judge in passing such order but so far as getting/keeping the appeal pending, as argued by the learned Counsel appearing for the appellant is not agreeable. The appeal before us is out of death of a minor and awarded amount is Rs. 1,30,000/- alongwith interest. The awarded amount can not be said to be on the higher side. However, it is true to say the appellant should get an opportunity of hearing as to why right of recovery to the appellant will not be given when the dispute with regard to fake driving licence has been raised by the appellant before the tribunal. Therefore, the appeal is disposed of at the stage of admission without imposing any cost. The appellant is at liberty to make an application before the tribunal for recovery of the amount in which upon notice and giving fullest opportunity of hearing the tribunal will pass the order in the self-same proceeding preferably within a period of one month from this date. However, under no circumstances payment of compensation to the claimant will be stalled. 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.