NATIONAL INSURANCE CO. LTD Vs. SAMMI BAI

JUDGEMENT

(1.) THIS appeal is by the Insurance Company against award dated 21.8.1996 passed by the Motor Accident Claims Tribunal, Sirsa, whereby on the basis of compromise/settlement arrived at between the parties, it has been ordered to pay compensation of Rs. 80,000 to the claimants within two months failing which the claimants will get interest on the said amount at the rate of 12 per cent per annum from the date of compromise i.e., 26.4.1995 till recovery of the amount. Out of the aforestated amount, a sum of Rs. 20,000 has been ordered to be paid to claimant Sammi Bai in cash while the remaining amount of Rs. 60,000 has been ordered to be deposited in fixed deposit in some nationalised bank fetching maximum interest and the interest so accruable on the said deposit is to be given periodically to Sammi Bai claimant towards her maintenance.

(2.) BRIEFLY , the facts of the case are that on 6.7.1994, deceased Sukh Ram was going on his cycle from the side of Bamboo Chowk in village Mangla when a truck bearing Registration No. PAR-9490 driven by Kashmir Singh came and hit Sukh Ram resulting in his death. Thereafter, an FIR was got registered in this regard at P.S. Sadar, Sirsa. A claim petition was then filed by the legal heirs of Sukh Ram, claiming compensation on account of his death.

(3.) DURING the pendency of the claim petition, i.e., on 26.4.1995 the case was taken up by the Lok Adalat where it was agreed between the parties to settle the claim for an amount of Rs. 80,000 if the said amount was not paid within two months from the date of award, claimants were held entitled to get interest at the rate of 12 per cent per annum from the date of award onwards till realization. This was, however, subject to verification of driving licence within three months only. However, on 29.7.1995, the Insurance Company moved an application stating that the driving licence of Kashmir Singh has been found to be fake and so, they were not ready to accept the conditional compromise. Thereafter, the Insurance Company sought as many as three opportunities to verify the genuineness of the driving licence but despite the grant of such opportunities, the Insurance Company failed to do so. Accordingly, the Tribunal in view of the aforestated compromise, vide the impugned award holding the driving licence of Kashmir Singh to be valid one, directed the Insurance Company to pay compensation of Rs. 80,000 within two months. The Insurance Company has now impugned the award by way of instant appeal.