Allowed

Sartaj Singh and Ors. v. N I C

Punjab & Haryana HC8 Aug 2014FAO/2507/1995

Case brief

AI extract

What is this about?

The High Court allowed the appeal in a motor accident dispute where the Tribunal allocated compensation between owners and insurer. The insurer, having paid extra premium for third-party property cover, conceded liability. The court directed the insurer to pay the full award of Rs. 20,000.

What did the court decide?

The National Insurance Company was directed to satisfy the entire Award of Rs. 20,000 passed by the Motor Accident Claims Tribunal.

Sartaj Singh and Ors. Vs N I C — Insurance | Punjab & Haryana HC (2014)

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FAO No.2507 of 1995

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[ 1 ]

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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FAO No.2507 of 1995 Date of Decision: August 08, 2014

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Sartaj Singh and Anr.

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...Appellants

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Versus

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National Insurance Company Ltd. & Ors.

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...Respondents

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CORAM: HON'BLE MR. JUSTICE NARESH KUMAR SANGHI

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Present: Mr.A.D.S.Sukhija, Advocate, for the appellants.

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Mr.R.C.Kapoor, Advocate, for Insurance Company-respondent No.1.

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Naresh Kumar Sanghi, J.

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The present appeal has been filed by Sartaj Singh and Sukhwinder Singh, co-owners of the offending truck bearing No. HR-01-8293, challenging the Award passed by the learned Motor Accident Claims Tribunal, Jagadhri, dated 26.09.1995.

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Brief facts of the case are that on 21.07.1992, a mare and its mule owned by Krishan Lal (respondent No.2) had died in a road accident caused by Nawab Ali (driver of truck No.HR-01-8293). The matter was reported to the police. The postmortem of mare and mule were conducted by the veterinary surgeon at Jagadhri. Respondent No.2-Krishan Lal filed the claim petition claiming ` 1,00,000/- for causing death of his mare and mule before the learned Motor Accident Claims Tribunal, Jagadhri, which was opposed by the appellants and the Insurance Company.

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On the pleadings of the parties, the following issues

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SEEMA RANI 2014.08.23 15:01 I attest to the accuracy and integrity of this document Chandigarh

FAO No.2507 of 1995

[ 2 ]

were framed:-

Whether the mare and its mule died as a result of rash and negligent driving of the vehicle in question by respondent No.1 as alleged? OPP.

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Whether the petitioner is entitled to compensation if

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so what amount and from whom? OPP.

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Relief.

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Learned counsel for the appellants has raised the sole argument that while getting their truck insured, the appellants had paid an extra amount of 75/- to the Insurance Company for enhancing the liability of the Insurance Company for paying damages on account of loss caused to the property of the third party and as such, the whole amount awarded by the learned Tribunal to the claimant, Krishan Lal, should have been ordered to be paid by the Insurance Company. He further submits that the learned Tribunal had ordered that out of the awarded amount of 20,000/- the Insurance Company would be liable to pay 6,000/only and rest of the amount, i e. 14,000/-, would be paid by the appellants.

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Learned counsel for the Insurance Company, Sh.R.C.Kapoor, after taking instructions from the concerned quarter, has fairly conceded that the appellants who are owners of the offending vehicle had paid extra premium of ` 75/- to the Insurance Company for enhancing the liability of the Insurance Company with regard to the claim of the damages of the property of the third party and as such, the Insurance Company was liable to

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SEEMA RANI 2014.08.23 15:01 I attest to the accuracy and integrity of this document Chandigarh

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FAO No.2507 of 1995

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[ 3 ]

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satisfy the whole amount i.e ` 20,000/- as awarded by the learned trial court.

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In view of the above, the present appeal is allowed and the National Insurance Company (respondent No.1), insurer of offending truck No.HR-01-8293, is directed to satisfy the Award passed by the learned Tribunal.

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August 08, 2014 (Naresh Kumar Sanghi) seema Judge

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SEEMA RANI 2014.08.23 15:01 I attest to the accuracy and integrity of this document Chandigarh

Sartaj Singh and Ors. v. N I C

Case brief

What is this about?

What did the court decide?

Sartaj Singh and Ors. v. N I C

Case brief

What is this about?

What did the court decide?

What the court decided

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