AI Structured Summary
Not yet generated for this judgment
Judgment
Surya Kant, J. (Oral) - This revision petition is directed at the instance of alleged owner of the delinquent vehicle which has caused the fatal accident on 28.4.2005 taking life of the sole bread earner of respondent Nos.1 to 3, namely, late Sh.Sham Lal Gupta.
The claim petition filed on behalf of respondent Nos.1 to 3 was allowed by the Motor Accident Claims Tribunal, Ambala (hereinafter referred to as `the Tribunal) vide award dated 21.9.2007 in which the petitioner and his alleged driver both were proceeded against ex-parte. The Tribunal awarded compensation to the tune of Rs. 5,29,500/- to the respondent-claimants.
While the claimants are struggling hard since then to get the award executed, the petitioner has moved an application under Order 9 Rule 13 CPC, to set-aside the ex-parte award dated 21.9.2007. In that application, notices were issued to the claimants and thereafter, issues have also been framed on 13.3.2009. The petitioner appears to have moved the application to stay the execution of the award but no interim stay has been granted to it, giving rise to this revision petition.
During the course of hearing, one of the plea raised on behalf of the petitioner is that the truck actually owned by the petitioner, is duly insured, therefore, the petitioner is entitled to assert that the Insurance Company is liable to indemnify the award. Leaned counsel further states that in order to show its bonafide, the petitioner is ready and willing to deposit 50% of the awarded amount immediately and given some reasonable period, it would pay the balance amount without prejudice to its legal rights to recover the said amount from the Insurance Company.
Ordinarily, this Court would have issued notice to the claimants before passing any order. However, the fact of the matter is that despite an award in their favour, the claimants have not been able to execute the same and no compensation amount has been paid to them so far. In these circumstances and keeping in view the stand taken on behalf of the petitioner, I deem it appropriate to dispose of this revision petition with a direction that in case the petitioner-company deposits half of the compensation amount on or before 7.1.2010, the learned Tribunal shall grant 4 months more period to deposit the balance amount of compensation. The petitioner-company shall pay the compensation amount without prejudice to its legal rights to recover the same from the Insurance Company.
In case the learned Tribunal accepts the petitioner''s plea and holds that the delinquent truck was insured, it shall issue appropriate directions to the Insurance Company to indemnify the award as per law.
Disposed of.