PREET SINGH Vs. NATIONAL INSURANCE CO. LTD

JUDGEMENT

(1.) The appellant herein has questioned order dtd. 23/11/2009 (for short, 'impugned order') passed in execution proceedings titled as 'National Insurance Company V/s Preet Singh.', pending before the Motor Accident Claims Tribunal, Jammu (for short, 'Tribunal').

(2.) The facts giving rise to the filing of the instant appeal, as emerging from the record would reveal that a claim petition had been filed by one-Madan Lal Khajuria, S/o Shiv Ram, R/o Krishna Nagar, Jammu against the respondent herein and the present appellant being respondents 1 and 2 in the Claim Petition filed under Sec. 140/166 of the Motor Vehicles Act, 1988 (hereinafter referred to as the 'Act') for compensation in respect of the injuries, alleged to have been sustained by the claimant on account of a vehicular accident on 20/2/2001 while travelling on his Scooter as pillion rider from Jammu to R.S Pura. The Tribunal upon entertaining the claim petition, summoned the respondents, i.e., respondent 1 being the Insurance Company and the respondent 2 being the appellant herein, who filed objections to the claim petition, whereafter the Tribunal framed four issues from the pleadings of the parties and after conclusion of the adjudication of the claim petition, passed an award on 31/3/2006 saddling the Insurance Company with a liability after holding that the offending vehicle have had been insured with the Insurance Company.

(3.) Aggrieved of the award (supra) dtd. 31/3/2006, the Insurance Company assailed the same in an appeal being CIMA 217/2006 before this Court. The said appeal came to be considered and disposed of on 5/3/2008 after the appellant-Insurance Company and respondent No. 1 therein being the claimant agreed to its disposal. At the time of the disposal of the appeal, it was observed that the respondent No. 2 did not appear despite service and, accordingly, this Court provided that the appellant-Insurance Company shall pay an amount of Rs.1,75,000.00 (Rupees One Lac and Seventy Five Thousand) to the claimant/respondent in the appeal in total satisfaction of the claim including the awarded amount of Rs.1,50,000.00 (Rupees One Lac and Fifty Thousand) and interest of Rs.25,000.00 (Rupees Twenty Five Thousand), however, providing a liberty to the appellant-Insurance Company to seek recovery of the amount under law from the respondent No. 2-the present appellant.