GAYITRI DEVI Vs. ELECTION COMMISSION OF INDIA

JUDGEMENT

(1.) These two appeals arising out of judgment and Award dtd. 8/3/2016 passed by the learned District Judge cum Motor Vehicle Accident Claim Tribunal, Court No. 1, Giridih in Title (M.V.) Claim Case No. 46 of 2009.

(2.) Learned counsel appearing on behalf of the State while assailing the impugned Award has submitted that the State was debarred from filing written statement, but the Insurance company in its written statement had specifically taken a plea that the ex-gratia amount of Rs.10.00 lakhs was required to be adjusted against the compensation amount. He submits that even when the vehicle was requisitioned for the purposes of election, the liability of the Insurance Company continued even after the judgement passed by Hon'ble Supreme Court reported in (2008) 1 SCC 414 (National Insurance Co. Ltd. Vs. Deepa Devi and others). However, during the course of arguments, the learned counsel for the appellant has not been able to distinguish the judgment of the Hon'ble Supreme Court in the case reported in Deepa Devi (supra).

(3.) The learned counsel has also relied upon the judgment passed by the Hon'ble Supreme Court reported in (2016) 9 SCC 627 (Reliance General Insurance Company Limited Vs. Shashi Sharma and others) to submit that in the said case ex-gratia payment was directed to be adjusted. The learned counsel has also submitted that the claimants are entitled to just compensation and there can be no double benefit to the claimants, once through the claim under Motor Vehicle Act and further through the ex-gratia payment. The learned counsel further submitted that in spite of the judgment passed by the Hon'ble Supreme Court in the case of Deepa Devi (supra), the liability is on the Insurance company.