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High CourtsSingle Bench(2022) 06 SHI CK 0032

Himachal Road Transport Corporation vs Anshul And Others

High Court Of Himachal Pradesh · Decided on 17 June 2022

HON’BLE JUDGES
Ajay Mohan Goel, J
RESULT
Disposed Of
CASE NUMBER
First Appeal From Order No. 382 Of 2017

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Judgment

6 paragraphs · 370 words

Ajay Mohan Goel, J

1.

By way of this appeal, the appellant-HRTC has challenged the award passed by the Court of learned Motor Accident Claims Tribunal (III), Shimla, H.P. in MAC petition No. 88-S/2 of 2012, titled as Mr. Anshul vs. Manager HRTC and others, dated 04.04.2015, which claim petition stood disposed of by the learned Tribunal in the following terms:-

“As a result of my findings on all the issues above, I award a sum of Rs. 2,26,000/- (Rupees Two lacs twenty six thousands only) as compensation to the petitioner against the respondents with interest at the rate of 7.5% per annum from the date of petition to the date of realization of the entire amount. This amount is inclusive of any amount, if any, awarded under Section 140 of the Motor Vehicles Act. Respondents Nos. 1 to 5 shall be vicariously liable to pay the amount of compensation to the petitioner. This amount of compensation shall be indemnified by respondent No. 5 and thereafter recover the same from the HRTC, as the bus was under the control and supervision of respondent No. 1 HRTC at the time of the accident. Memo of costs be prepared and file, after completion, be consigned to record room.”

2.

The case has been listed today on a mention so made yesterday by Mr. Jagdish Thakur, learned Counsel for respondent No. 5, who on instructions from the Insurance Company, has stated before the Court that the Insurance Company has decided to indemnify HRTC and not to recover the award amount from the insured, i.e. HRTC.

3.

In view of what has been stated by Mr. Jagdish Thakur, learned Counsel today in the Court on behalf of the Insurance Company, now as nothing survives in the present appeal, the same is accordingly ordered to be closed with the observation that the award passed by learned Tribunal to the effect that Insurance Company has right to recover the award amount from HRTC, stands modified in view of the statement which has been made on behalf of the Insurance Company to the effect that award amount shall not be recovered from HRTC by the Insurance Company.

Pending miscellaneous application(s), if any, also stand disposed of accordingly.