Court No. - 33
Case :- FIRST APPEAL FROM ORDER No. - 991 of 2006 Appellant :- National Insurance Company Limited Respondent :- Smt. Shyama Devi And Others Counsel for Appellant :- Ajay Singh
Hon'ble Dr. Kaushal Jayendra Thaker,J.
Heard Shri Ajay Singh, learned counsel for the appellant and Shri Tarun Verma, learned counsel for the respondent No.5-The Oriental Bank of Commerce. However, counsel for the respondents No.1-4 are not present.
This first appeal from order has been preferred by the appellant- Insurance Company against the judgment and award dated 18.1.2006, passed by the Additional District & Sessions Judge/Motor Accident Claims Tribunal, Shahjahanpur, (herein after referred to as " the Tribunal") in Motor Accident Claims Petition No.93 of 2003 (Smt. Shyama Devi and others vs. Smt. Ram Pyari and others), whereby the Tribunal has awarded a sum of Rs.1,50,000/- to the claimants.
It is submitted by learned counsel for the appellant that right to recovery has already been granted and the appeal is of the year 2006. The entire decretal amount has been deposited with the claims tribunal. The appellant has contended that the compensation should have been on the basis of the multiplier of the parents. This submission cannot be accepted in the light of judgment of National Insurance Company vs. Pranay Sethi and others 2017 (0) SCC 1050. The owner of the vehicle has not challenged and if has challenged the judgment is not before this Court. The amount is recoverable from the owner, hence nothing remains to be adjudicated by this Court. The appellant must have already recovered the amount.
In that view of the matter the appeal is disposed of.
The amount granted is Rs.1,30,000/ by the Tribunal, which can be recovered from the owner and not the claimantS. The Tribunal may permit encashment of the fixed deposit in favour of the claimants.
Order Date :- 26.8.2019 LN Tripathi