ORIENTAL INSURANCE COMPANY LTD. Vs. RAM KALI

JUDGEMENT

(1.) The Insurer of the offending vehicle, has, instituted the instant appeal before this Court, wherethrough, it, casts, a, challenge, upon, the award pronounced by the learned Motor Accident Claims Tribunal-II, Kullu, upon, Claim Petition No. 47 of 2015, (i) whereunder, compensation amount comprised, in, a sum of Rs.17,78, 000.00 alongwith interest accrued thereon, at the rate of 9% per annum, and, commencing from, the date of petition till realization thereof, stood, assessed, vis-a-vis, the claimants, and, the apposite indemnificatory liability thereof, was, fastened upon the insurer/appellant herein.

(2.) Uncontrovertedly, the owner of the offending vehicle, hence, died in the relevant mishap. The learned counsel appearing for the insurer/appellant herein, has, contended by placing reliance, upon, a verdict of the Hon'ble Apex Court, rendered in a case titled as Oriental Insurance Company Limited vs. Rajni Devi and others, reported in (2008)5 SCC 736, the relevant paragraph No.7 whereof stand extracted hereinafter:-

(3.) Be that as it may, since the deceased owner of the offending vehicle, met his end, in the ill-fated mishap, hence, involving the offending vehicle, (i) and, though no breach of the terms, and, conditions, of the relevant contract of insurance rather evidently emerges, (ii) hence, the liabilities, vis-a-vis, the outstanding amount of compensation, cannot be, even on the principle of pay, and, recover, hence, saddled upon the insurer, as any concomitant thereof recoveries, qua, the compensation amount, being hence ordered, to be realized from the estate of the predecessor-in-interest, of, the claimant, and, now on his demise, it, falling into the hands of his successors-in-interest/the claimants hereat, would sequel, the ill-consequence, of, frustrating, the assessment of compensation amount qua them.