Dismissed

Ramesh Sehgal & Anr. v. National Insurance Co. Ltd.

Punjab & Haryana HC19 Mar 2012CR/1726/2012

Case brief

AI extract

What is this about?

Civil revision challenging an order dismissing objections to recovery of compensation. The court held that legal heirs liable for plying a deceased owner's truck are responsible to reimburse the insurance company regardless of claims regarding estate inheritance.

What did the court decide?

Petition dismissed; objections to recovery of compensation by the insurance company from the petitioners are overruled.

Ramesh Sehgal & Anr. Vs National Insurance Co. Ltd. — Insurance | Punjab & Haryana HC (2012)

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Civil Revision No. 1726 of 2012 [1]

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Civil Revision No. 1726 of 2012 (O&M) Date of decision: 19.3.2012

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Ramesh Sehgal and another

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Vs.

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National Insurance Co. Ltd.

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.. Respondent

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CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL

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Present: Mr. Amit Jaiswal, Advocate for the petitioners.

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Rajesh Bindal J.

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Challenge in the present petition is to the order dated 12.11.2011, passed by learned Motor Accidents Claims Tribunal, Ambala (for short, `the Tribunal'), whereby the objections filed by petitioners in the execution petition filed by the Insurance Company seeking to recover the amount of compensation from the petitioners, have been dismissed.

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Learned counsel for the petitioners submitted that truck bearing registration No. HR-01A-3575 was owned by deceased-Bhagwan Dass Sehgal. It met with an accident on 29.10.2004. As Bhagwan Dass Sehgal had died, in the claim petition, the petitioners were impleaded as his legal heirs. The award was passed in favour of the claimants giving liberty to the Insurance Company to recover the same from the owner of the truck. The petitioners having not inherited any property from deceasedBhagwan Dass Sehgal could not be directed to pay the amount of compensation.

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After hearing learned counsel for the petitioners, I do not find any merit in the submissions made. The facts, as are available on record, are that Bhagwan Dass Sehgal died on 11.1.2003. He was the registered owner of the vehicle in question, which met with an accident on

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Civil Revision No. 1726 of 2012 [2]

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29.10.2004. It was still registered in the name of a dead person. Not only this, it is not disputed that the insurance cover for the motor vehicle in question was got renewed in April, 2004, which is clearly more than one year and three months after the death of Bhagwan Dass Sehgal, who was shown to be the registered owner of the vehicle. This apparently must have been got done by his legal heirs, namely, either of the petitioners. Once the Tribunal had passed the award in which the petitioners had already been impleaded as legal heirs of deceased-Bhagwan Dass Sehgal and his legal heirs must be earning by plying the truck registered in the name of their deceased father, I do not find any merit in the submissions made by learned counsel for the petitioners.

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Considering the aforesaid facts, even if it is sought to be claimed by the petitioners that they had not inherited any property from deceased-Bhagwan Dass Sehgal, except the truck in question or some household articles, they cannot be absolved of their liability to reimburse the amount to the Insurance Company.

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For the reasons mentioned above, the present petition is dismissed.

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( Rajesh Bindal ) Judge

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19.3.2012 mk

Ramesh Sehgal & Anr. v. National Insurance Co. Ltd.

Case brief

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Ramesh Sehgal & Anr. v. National Insurance Co. Ltd.

Case brief

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