In appeal against insurance company, court allowed claimants' application for interim compensation pending review of driver's license validity, directing company to pay while tribunal reconsideres license issue.
Interim compensation amount granted to claimants pending review of driver's license validity; review to be disposed within three months.
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.
IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.3511 of 2018
In
Miscellaneous Appeal No.788 of 2011
======================================================
... ... Petitioner/s
... ... Opposite Party/s
======================================================
Appearance : For the Petitioner/s : Mr.Shailendra Kumar For the Opposite Party/s : Mr.
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER
33 28-11-2022 Heard the parties.
This application has been filed for restoration of M.A. No. 788 of 2011, which was dismissed for noncompliance of premptory order dated 18.05.2017.
For the reasons mentioned in this application, it is allowed and M.A. No. 788 of 2011 is restored to its original file.
Patna High Court MJC No.3511 of 2018(33) dt.28-11-2022 2/2
M.A. No. 788 of 2011
Heard the parties.
Learned counsel for the appellant submits that the driver of the offending vehicle has no license/valid license and therefore, the National Insurance Company Limited is not liable to pay compensation to the claimants and therefore recovery right may be given to the Company. In the meantime, the award amount may be given to the claimants by the Company.
Considering the submissions of the appellant and the impugned order by which the claim case of the claimants has been decided, the issue of valid license being held by the driver of the offending vehicle should be reconsidered by Motor Accident Claim Tribunal but the pendency of the review will not delay the payment of compensation amount to the claimant.
With the aforesaid observation and direction, this appeal is partly allowed. If any review application is filed by the petitioner, the same shall be disposed of in accordance with law within a period of three months form the date of its filing.
(Sandeep Kumar, J)
guddu/-
U
2 issues framed by the court
Whether recovery of compensation gross amount from liable insurance company should be barred pending review of valid license issue.
Whether insurance company is liable to pay interim compensation while review regarding driver's license validity is pending.
National Insurance Company Ltd.
Panma Devi
Ajay Kumar Sureka
Anil Kumar Singh
Sandeep Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
