The Court disposed of an appeal against a motor accident claims award. It directed the impleaded insurer to pay the award with enhanced interest from the date of its impleaded status. The deposit made to the Court shall be refunded to the appellant.
To pay award with 7.5% interest from 30 January 2016 and refund statutory deposit.
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.
MACA No.1088 of 2012
15 11.01.2019
Heard Mr.Sinha, learned Advocate for the appellant and Mr.A.K.Mohapatra, learned Advocate for respondent no.1 as well as Mr.Satpathy, learned Advocate for respondent no.3.
Mr.Sinha, learned Advocate for the appellant submits that the offending vehicle was not insured with National Insurance Company Ltd.. The same was insured with New India Assurance Company Ltd., respondent no.3.
By order dated 16.2.2016, a Bench of this Court directed Mr.Satpathy, who usually appears for the New India Assurance Co. Ltd., to take instruction with regard to the validity of the insurance policy in respect of the offending vehicle covering the date of accident.
On instructions, Mr.Satpathy, learned Advocate for respondent no.3 submits that the offending vehicle was validly insured with the New India Assurance Co. Ltd. on the date of accident. He further submits that respondent no.3 was not a party before the learned Tribunal. Thus, it is not liable to pay interest from the date of claim application. He further submits that the driver of the offending vehicle did not have a valid license nor the vehicle was having valid permit. There was violation of policy condition.
c
The claimant sustained injuries. The claim application was filed in the year 1992. An amount of Rs.15,000/- had been awarded to the claimant with interest at the rate of 6% per annum.
To give quietus to the issue, the appeal is
disposed of with a direction to the New India Assurance Co.
Ltd., respondent no.3 to pay the award amount with interest at the rate of 7½ % from 30th January, 2016 on which date it was impleaded as respondent. The entire award amount shall be deposited before the learned Tribunal within a period of six weeks from today. Thereafter, the statutory deposit made before this Court shall be refunded to the appellant with accrued interest thereon.
It is open to respondent no.3 to recover the amount from the owner of the vehicle, if recoverable.
………………………… Dr.A.K.Rath, J.
3 issues framed by the court
Whether the insurer could avoid liability on grounds of lack of valid license, permit, or policy violation.
Whether the insurer was liable to pay interest from the date of claim application or from the date of being impleaded.
Whether the statutory deposit must be refunded to the appellant with accrued interest.
Sinha (s/o unspecified)
Unknown Claimant
New India Assurance Company Ltd.
Dr.A.K.Rath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
