NATIONAL INSURANCE CO LTD Vs. RADHA BAI

JUDGEMENT

(1.) All these appeals arise out of the same accident and vide different orders, passed in different files, on different dates, they have been ordered to be listed together and are being disposed of by the common order. For convenience the facts relating to Civil Misc. Appeal No. 119 of 2004 are being taken into account.

(2.) The appeal came up for admission before the court on 14.7.2004 and in view of the judgment of Hon'ble Supreme Court in National Insurance Co. Ltd. v. Swaran Singh, 2004 ACJ 1 (SC), the appeal as against claimant was not admitted and for that learned counsel for the appellant had no objection. As such the appeal against the claimant was dismissed. However, the appeal against the owner was admitted and while dismissing the stay application, it was directed that the appellant should deposit the whole amount as awarded by the learned Tribunal which may be paid to the claimants as per the terms of the impugned award. It was further directed that the amount be released to the claimants keeping in mind the terms and conditions and observations and directions contained in the decision of Hon'ble Supreme Court in Oriental Insurance Co. Ltd. v. Nanjappan, 2004 ACJ 721 (SC). After service of the owner, the owner has filed an application on 14.1.2005, seeking reconsideration of the said direction on the basis of the judgments of Hon'ble Supreme Court in New India Assurance Co. Ltd. v. Asha Rani, 2003 ACJ 1 (SC) and Oriental Insurance Co. Ltd. v. Devireddy Konda Reddy; 2003 ACJ 468 (SC).

(3.) The matter comes up today for consideration of this application. However, since the controversy involved is very short, at the request of both the learned counsel, the appeals have been finally heard at this stage itself.