The High Court dismissed a writ petition filed by an insurance company challenging a motor accident compensation award. Despite the 14-year pendency, the court found no ground to invoke discretionary jurisdiction under Article 226 and refused to question the award.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 59
Case :- WRIT - C No. - 64566 of 2005
Petitioner :- The Oriental Insurance Co. Ltd. Thru Divl. Manager Respondent :- Amber Raja And Others Counsel for Petitioner :- V.C. Dixit
Hon'ble Surya Prakash Kesarwani,J.
Heard Sri V.C. Dixit, learned counsel for the petitioner.
This writ petition has been filed challenging the award dated 04.04.2005 in Motor Accident Claim Petition No.32 of 1999 (Amber Raja vs. Ranveer Singh and others) passed by the Special Judge, SC/ST Act/ M.A.C.T., Gautam Budh Nagar. By the impugned award dated 04.04.2005, a sum of Rs.15,000/- was awarded as compensation to the claimant, i.e. third party. Liberty has been granted to the petitioner for the reimbursement of the amount of compensation to be paid to the claimant. Looking into the facts and circumstances of the case, smallness of the amount of compensation, the fact that no interim order was granted to the petitioner and the writ petition is pending in this court from last 14 years and also the fact that the amount of compensation must have been paid to the claimant, I do not find any good reason to invoke the discretionary jurisdiction under Article 226 of the Constitution of India.
In view of the aforesaid, this writ petition is dismissed.
Learned counsel for the petitioner submits that some first appeals against the award passed in matters of other claimants are pending and, therefore, this order may not be treated as precedence in the matter of pending appeals.
Considering the submission of learned counsel for the petitioner, it is made clear that this order shall not come in the way of the petitioner to pursue appeals.
Order Date :- 7.2.2019 NLY
1 issue framed by the court
Whether the court should invoke discretionary jurisdiction under Article 226 to set aside the award of compensation despite the pendency of the writ petition for 14 years.
1 provisions across 1 enactments
The Oriental Insurance Co. Ltd.
Amber Raja
Surya Prakash Kesarwani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
