United India Insurance Co. Ltd. vs Sabra Bibi

Mansoor Ahmad Mir, C.J. (Oral)—This appeal is directed against the award, dated 25th July, 2009, passed by the Motor Accident Claims Tribunal(I), Kangra at Dharamshala, H.P., (for short, the Tribunal), in Claim Petition No.47-N/II-2005, titled Sabra Bibi and another v. Mohammad Ali and others, whereby compensation to the tune of Rs. 4.38 lacs, along with interest at the rate of 9% per annum from the date of filing of the claim petition till deposit, came to be awarded in favour of the claimants, and the insurer was saddled with the liability, with a right of recovery, (for short, the impugned award).

The insured/owner, the driver and the claimants have not questioned the impugned award on any count, thus, the same has attained finality so far as it relates to them. Only the insurer has questioned the impugned award on the ground that the Tribunal has fallen in error in saddling the insurer with the liability with a right of recovery.

I have gone through the impugned award as also the record of the case. The Tribunal has recorded categorical finding to the effect that the deceased was traveling in the offending vehicle as gratuitous passenger. Therefore, the Tribunal saddled the insurer with the liability, with a right of recovery from the owner. It is not understandable as to why the appellant/insurer has questioned the impugned award by the medium of the instant appeal. The impugned award has been passed against the owner of the offending vehicle, who has not questioned the same. The Tribunal, in order to provide immediate succor to the victims of a vehicular accident, has rightly directed the insurer to pay the compensation at the first place and also protected it by granting the right of recovery from the owner.

This Court, after following the law laid down by the Apex Court, has already taken the similar view in case titled as Oriental Insurance Company v. Smt. Veena Devi, and other connected matters, 2014 (3) Him L.R. 1969, and catena of other judgments.

Having said so, there is no merit in the appeal and the same is dismissed. The Registry is directed to release the entire amount, alongwtih interest, in favour of the claimants, strictly in terms of the impugned award.