1. The appellant Insurance Company has preferred this appeal against the judgment and award dated 26.05.2005, passed by the M.A.C.T.(Auxi), Panchmahals at Godhra, in M.A.C.P. No. 896 of 1996, whereby, the tribunal has partly allowed the claim petition and awarded compensation in the sum of Rs.2,42,000/-with interest at the rate of 09% per annum from the date of filing of the petition till realization.
2. The short facts leading to filing of this appeal are that on 25.03.1996 an accident occurred and in the said accident one Dhuliyabhai Singabhai Bhabhor expired. Therefore, the legal heirs of the deceased filed claim petition being M.A.C.P. No.896 of 1996 before the Tribunal for compensation. The Tribunal after hearing the learned advocates for both the parties and after considering the evidence on record decided the claim petition and awarded compensation as stated hereinabove against which the present appeal is filed by the appellant-Insurance Company.
3. The appellant-Insurance Company has preferred the present appeal mainly contending that the Tribunal has committed an error in directing the appellant-Insurance Company to pay the amount of compensation to the claimants and then recover the same from the owner of the vehicle. In support of his contention he relied upon the decision of the Apex Court in the Case of National Insurance Co. Ltd. Vs. Savitri Devi and Others, reported in 2012(4) SCALE 111 and submitted that such decree cannot be passed by the Tribunal.
4. I have heard learned advocate appearing for both the parties and perused the material on record. I also perused the decision of the Apex Court in the case of Savitra Devi(Supra) and find that the contention raised by learned advocate for the appellant is required to be accepted. In view of the principle laid down in the aforesaid case, the appeal of the Insurance Company deserves to be dismissed. Therefore, the same is allowed. The impugned judgment and award passed by the Tribunal is quashed only qua the extent of imposition of liability on the appellant-Insurance Company to make payment of compensation. It is, however, observed that if the amount deposited before the Tribunal is already withdrawn by the original claimants, the same shall not be recovered from the original claimants and the Insurance Company shall be at liberty to recover the same from the owner of the vehicle. But, if the amount has not been withdrawn by the original claimants, the same shall be refunded to the Insurance Company and it will be open for the original claimants to recover the said amount from the owner of the vehicle. The amount, if any, lying with the Registry shall be transmitted to the Tribunal forthwith. The appeal stands disposed of accordingly. No order as to costs.
(K.S.JHAVERI,J.)
pawan