ORIENTAL INSURANCE COMPANY LTD Vs. KAMLA CHAUHAN

JUDGEMENT

(1.) BOTH these appeals are being disposed of by this common judgment since they arise out of the same award.

(2.) BRIEFLY stated the facts of the case are that the claimant Kamla Chauhan is the owner of truck No.HP -09 -1771. This truck was parked near Badhal and was unloading the goods when it was struck by a dumper No.HP -06 -1682 owned by Nathpa Jhakri Joint Venture and insured with the Oriental Insurance Company. The claimant filed a petition claiming compensation of Rs.4 lacs on account of damages to the truck. The petition was contested by the respondents and the Insurance Company in addition to all the pleas took up the plea that the claimant is not entitled to compensation as the claimant had already received the amount for damage to the truck from her own insurer and that this fact has been concealed by the claimant in the claim petition.

(3.) ACCORDING to him the petitioner had given bills of Rs.38,045/ - to the company in all. The learned Tribunal held that the claimant was entitled to compensation for Rs.66425/ -. It rejected the claim of the petitioner with regard to the loss on account of non -plying of vehicle on the ground that this case could not be decided under the Motor Vehicles Act. It however, did not accept the plea of the appellant -Insurance Company that Rs.26,995/ - received by the claimant from its own insurance company should be deducted on the ground that the tort feasor cannot take benefit of a contract entered into by the petitioner. Aggrieved by this award, both sides have filed these two appeals.