Court No. - 7
Case :- FIRST APPEAL FROM ORDER DEFECTIVE No. - 1274 of 2018 Appellant :- United India Insurance Co. Ltd. Respondent :- Smt. Omwati And 2 Others Counsel for Appellant :- Vipul Kumar
Hon'ble Saumitra Dayal Singh,J.
1. Since certified copy of the formal order filed today, defect in the present appeal is removed.
2. The present appeal has been directed against the award dated 13.07.2018 passed by the Motor Accident Claims Tribunal/Addl. District Judge, Court No. 10, Bareilly in Motor Accident Claim Petition No.828 of 2016 (Smt. Omwati Vs. United India Insurance Company Limited and Others).
3. It is injury case.
4. Learned counsel for the appellant-insurer submits that while there may not be dispute as to the award of compensation keeping in mind the nature of injuries that were proven before the Tribunal, however, it is seriously disputed by learned counsel for the appellant-insurer that the offending vehicle- tempo was being driven by one Sukhpal as alleged by the claimant.
5. In this regard, it is further stated that though in the claim petition, the claimant contended that the tempo was being driven by one Sukhpal, however, in the charge sheet submitted in the police case, one Morpal has been charged as the driver of the offending vehicle. However, the said Morpal was not produced in the claim proceedings.
6. Perusal of the award would also reveal that even before the Tribunal, the case was set up in defence that the offending vehicle was being driven by Morpal. However, in absence of Morpal having appeared before the Tribunal, the matter was proceeded ex-parte. Therefore, it does not appear that the objection being raised by the appellant-insurer at this stage is substantial inasmuch as even before the Tribunal, the case set up by the claimant stood against Morpal as the driver of the offending vehicle. Since, the driving license of the said Morpal is not disputed, no useful purpose would be served in entertaining the present appeal.
7. The present appeal lacks merit and is accordingly dismissed.
8. Deposit of Rs. 25,000/- made before this Court be remitted to the Tribunal forthwith and be adjusted towards deposit to be made by the appellant-insurer.
Order Date :- 31.10.2018 Abhilash