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Judgment
Lok Pal Singh, J
Instant cross appeals challenge the part of judgments and awards dated 6.4.2010 passed by M.A.C.T. District Almora, in M.A.C. Nos.5/2009, M.A.C. No.4/2009 and M.A.C. No.3/2009 to the extent whereby recoverable rights have been given to the National Insurance Company Ltd. to recover the amounts of compensation from the owner i.e. the present applicant.
Appeal from Order No.227 of 2009 has been filed by the owner Meharban Singh challenging the judgment and award dated 01.04.2009 passed by M.A.C.T./District Judge, Almora, whereby the claim petition of claimants has been allowed for a sum of Rs.1,55,000/- against the owner/appellant Meharban Singh.
Civil Revisions No.97 of 2016, No.98 of 2016 and No.99 of 2016 are directed against the orders dated 10.06.2016 passed by M.A.C.T./District Judge, Almora in M.A.C.T. Execution Case Nos.05 of 2015, No.07 of 2015 and No04 of 2015, whereby recovery warrants have been issued against the revisionist.
Facts necessary to decide the controversy are that on 14.11.2004 when a jeep vehicle no.UA 05-2771 was going from Sheraghat, due to rash and negligent driving by the driver it met with an accident and fell down in a deep gorge in which about 19 persons died and several got injured. Arising of the incident, claim petitions were filed before the Tribunal. Initially the claim petitions, filed by some of the claimants which was numbered as MA.C.T. No.9/2006 and M.A.C.T. No.10 of 2006, were decided by the Tribunal vide judgment and award dated 31.7.2006, wherein the Tribunal fixed the liability of the National Insurance Company Limited and the owner/appellant Meharban Singh jointly and severally to pay the amounts of compensation. However, no recoverable rights were given in favour of the Insurance Company to recover the amount from the owner.
Feeling aggrieved by judgment and award dated 31.07.2006, AO No.598 of 2006 was filed by the National Insurance Company Ltd. before this Court. A Coordinate Bench of this Court, vide judgment and order dated 26.09.2007, dismissed the said appeal. Further aggrieved, Insurance Company preferred Special Leave to Petition before the Hon'ble Supreme Court. Hon'ble Supreme Court also dismissed the appeal vide judgment and order dated 07.01.2014. Judgment and award dated 31.07.2006 passed by the Tribunal, wherein no recoverable rights were given to the Insurance Company, has thus attained finality.
Then another batch of claim petitions were filed by different set of claimants, which came for hearing before another District Judge/M.A.C.T., Almora. Learned Tribunal/District Judge Almora, vide judgment and award dated 06.04.2010 allowed the claim petitions. While allowing the claim petitions, learned Tribunal though recorded finding that the vehicle is insured with the National Insurance Company Limited but passed the order directing that the amount so paid by the Company shall be recoverable from the owner of the vehicle i.e. the present appellant Meharban Singh.
Feeling aggrieved by judgment and award dated 6.4.2010 passed in claim petitions, National Insurance Company Limited preferred appeal nos.158, 159 and 160 of 2010 before this Court. The Coordinate Bench, taking into consideration the judgment passed by this Court dated 26.09.2007, as also the fact that the said judgment has attained finality upto the Apex Court in view of judgment dated 26.09.2013 passed by Hon'ble Apex Court, dismissed the appeals filed by the Insurance Company, vide judgment dated 25.06.2014. Since recoverable rights had been given to the National Insurance Company Ltd. against the owner of the vehicle i.e. the present applicant, during the pendency of appeals, he filed the cross objections in the said appeals but the same left undecided whereas the appeals got finally decided vide judgment dated 25.06.2014.
Since recoverable rights were given to the Insurance Company vide judgment and order dated 6.4.2010 passed by the Tribunal, the Insurance Company initiated execution proceedings against the owner of the vehicle, whereafter the owner of the vehicle came to know that the cross objections, filed in the appeals, have not been decided by the Court. Thereafter, misc. applications being CLMA No.10945 of 2019, CLMA No.10946 of 2016 and CLMA No.10947 of 2019 were filed by the owner whereupon this Court vide order dated 07.08.2018 allowed the applications directing the Registry of this Court to register the cross-objections as independent cross-appeals. It is, under these circumstances, that cross-objections have now been re-numbered as cross-appeals and are pending disposal before this Court.
Heard learned counsel for the parties and perused the entire material.
Indisputably, initially by judgment and order dated 31.07.2006 liability was fastened upon the Insurance Company and the applicant/owner Meharban Singh to pay the amounts of compensation jointly and severally. However, recoverable rights were not given to the Insurance Company to recover the amount from the owner/applicant. Said judgment was challenged before this Court and thereafter travelled upto the Hon'ble Apex Court by way of civil appeals filed by the Insurance Company, however, the Hon'ble Apex Court declined to interfere with the judgment of this Court dated 31.07.2006, meaning thereby that no recoverable rights were granted in favour of the Insurance Company against the owner. That being the position, it is held that the M.A.C.T., Almora has committed illegality in granting recoverable rights in favour of the Insurance Company against the owner of the vehicle vide judgment dated 6.4.2010. While passing the Award, the Tribunal has not taken into consideration the judgment dated 31.07.2016 rendered in the case of same accident. Since the question of liability of the Insurance Company in the present accident has been finally settled by the Tribunal vide judgment and order dated 31.07.2006, which has attained finality, the principle of res judicata would operate between the parties.
In view of the findings recorded above, CROSA No.4 of 2019, CROSA No.5 of 2019 and CROSA No.6 of 2019 are allowed. Impugned judgments and awards dated 6.4.2010 is accordingly modified to the extent that there will be no recoverable rights in favour of the National Insurance Company Ltd. to recover the amount of compensation from the owner of the vehicle.
As regards AO No.227 of 2009, which has arisen out of the same accident, in view of the observations made hereinabove, instant appeal stands allowed in terms of judgment rendered by this Court dated 26.9.2007 passed in A.O. No.598 of 2006. Consequently, National Insurance Company Limited is directed to pay the amount of compensation to the claimant.
Insofar as civil revisions are concerned, execution proceedings were initiated against the revisionist on the basis of recoverable rights given to the Insurance Company, which has now been set aside by this Court, accordingly, Civil Revisions Nos.97, 98 and 99 of 2016 are allowed. Impugned orders dated 10.06.2016 passed by M.A.C.T./District Judge, Almora in M.A.C.T. Execution Case No.05 of 2015, No.07 of 2015 and No.04 of 2015, are hereby set-aside.
No order as to costs.