ICICI Lombard General Insurance Co. Ltd. vs Valiben Patel and Others

Honourable Mr. Justice K.S. Jhaveri

In connection with the vehicular accident that took place on 26.10.2005, original claimants preferred claim petitions being M.A.C.P. Nos. 479, 472, 475, 476 of 2005 u/s.163-A of the Motor Vehicles Act before the Motor Accident Claims Tribunal(Auxi), Fast Track Court, Banaskantha at Palanpur at Vadodara. The said claim petitions were allowed in part by common judgment and award dated 04.11.2009. Being aggrieved by the same, the appellant-Insurance Company has preferred the present appeals. It has been mainly contended on behalf of the appellant that though though specific contention regarding liability, negligence and other submissions were raised before the Tribunal, the same were not appreciated by the Tribunal in its proper perspective. Reliance has been placed on the decision of the Apex Court in the case of National Insurance Company Ltd. Vs. Sinitha and Others, , and it has been prayed that the matter be remanded to the Tribunal concerned.

Considering the facts of the case and in view of the principle rendered in Sinitha''scase (supra), I am of the opinion that it would be appropriate to remand this matter before the Tribunal only for the purpose of deciding the issue as to whether the liability of the Insurance Company is limited or unlimited. In the result, the appeals are partly allowed and the following order is passed:

i The impugned judgment and award is quashed and set aside.

ii.The matters are remanded to the concerned Motor Accident Claims Tribunal for adjudication afresh.

iii.this Court has passed the aforesaid order in view of the fact that the Tribunal has not followed the procedure established by law and therefore the Tribunal may not be influenced by the order of this Court.

Iv.The amount invested in Fixed Deposit, as directed by this Court, shall be continued in Fixed Deposit and the claimants shall be entitled for the periodical interest on the said Deposit only up to the date of this judgment and order.

v. It is, however, made clear that interest accruing on the said Fixed Deposit shall be accumulated and will be adjusted at the time of the final award.

Vi.The amount awarded & already withdrawn by the claimant, pursuant to the impugned award, will be adjusted at the time of the final award.

Vii.Since the matters are pending since long, the Tribunal is directed to dispose of the cases as expeditiously as possible and in any case not later than two years from the date of receipt of the writ of this Court.

Viii.It is observed that this Court has not entered into the merits of the matters and the Tribunal shall consider the same afresh, without being influenced by the fact that this Court has quashed its earlier judgment and award.

ix.R & P, if lying with this Court, to be sent to the Tribunal forthwith.