CourtKutchehry.com
High CourtsDivision Bench(2002) 03 P&H CK 0045

National Insurance Company vs Geeta Devi and Others

Punjab And Haryana At Chandigarh · Decided on 4 March 2002 · Citation: (2002) 2 ACC 446 : (2002) ACJ 1905 : (2002) 2 RCR(Civil) 691

HON’BLE JUDGES
N.K. Sud, J · Jawahar Lal Gupta, J
CASE NUMBER
First Appeal from Order No. 1128 of 2002

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

8 paragraphs · 399 words

Jawahar Lal Gupta, J.—On July 2, 1998 Sukhbir Singh and Raj Kumar were going on a Motor Cycle. They were hit by a truck. Both were injured. In the case of Raj Kumar, the injuries proved fatal. The widow along with her minor children filed a petition for grant of compensation. A separate petition was filed by Sukhbir Singh for compensation on account of the injuries suffered by him. The Tribunal, after examining the evidence, has found that the accident had occurred on account of rash and negligent driving of the truck. It has further been found that the widow and other members of the family were entitled to compensation of Rs.2,62,000/-. In the case of Sukhbir Singh, the amount of compensation was fixed at Rs.5,000/-. Aggrieved by the award, the insurer has filed this appeal.

2.

Ms. Radhika Suri contends that the Tribunal has erred in holding the insurer liable to pay the compensation. In the circumstances of the case, the liability to pay the compensation was that of the owner and driver of the truck.

3.

A perusal of the award shows that the driving licence was found to be fake. How ever, the insurer was held liable to pay compensation to the claimants in view of the de cision of their Lordships of the Supreme Court in New India Assurance Company, Shimla v. Kamla and others 2001 1 P.L.R. 830 (SC). The Tribunal committed no error in doing so.

4.

Ms. Suri submits that in view of the provisions of Section 174 of the Motor Vehicles Act, 1988 the insurer should be entitled to recover the money from the owner of the vehicle as arrears of land revenue.

5.

The Tribunal has already found that the insurer shall be entitled to reimbursement from the owner. In view of the provisions of Section 174, we have no doubt that the competent authority shall proceed in accordance with law. In any case, the money to be paid by the insurer goes out of public funds. It is only fair that these funds are protected and that the Tribunal lakes every possible measure to ensure reimbursement. Section 174 embodies this principal. It shall be kept in view by the Tribunal.

6.

No other point has been raised.

7.

The appeal is accordingly disposed of. The delay of 89 days in refiling the appeal is condoned.

Sd/- N.K. Sud, J.