This is a non-claimant civil miscellaneous appeal challenging a Consumer Tribunal award. The court found no ground for interference as the insurance company had been granted liberty to recover compensation from the insured after paying claimants.
Nothing granted; appeal dismissed.
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.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 2066/2008
National Insurance Company Ltd., Regional office, L.I.C. Building, IInd Floor, Ambedkar Circle, Jaipur (Raj.) having its Branch Office at Meera Complex, Station Road, Chittorgarh
----Appellant-Non-Claimant
Versus
All B/c Raigar, R/o Sarthal, Tehsil Cheepabadod, Distt, Baran (Raj.)
----Respondents-Claimants
----Respondents-Non-Claimants
For Appellant(s) : Mr. V.P. Mathur For Respondent Nos. 1 to 5 : Mr. G.P. Kaushik
HON'BLE MRS. JUSTICE SABINA
Order
24/07/2018
Appellant has filed this appeal, challenging the award dated 13.03.2008 passed by the Tribunal, whereby, claim petition filed by the claimants, was allowed and the appellant was directed to pay the amount of compensation to the claimants and then recover the same from the insured.
(2 of 2)
[CMA-2066/2008]
I have heard learned counsel for the appellant and learned counsel for the claimants and have gone through the record available on the file carefully.
In the present case, Tribunal while deciding Issue No. 3 held that the insured had committed breach of insurance policy as the driver of the offending vehicle was not holding a valid driving license, at the time of accident. Learned Tribunal held that the Insurance Company shall pay the amount of compensation to the claimants and shall be at liberty to recover the same from the owner of the vehicle.
Thus, in the present case, the right of the Insurance Company has been protected as it has been granted liberty to recover the amount of compensation from the insured after initially, paying the same to the claimants
As per order passed by this Court dated 30.05.2008, Insurance Company was directed to deposit the amount of compensation with the Tribunal within four weeks and it was ordered that 25% of the amount shall be initially invested in Fixed Deposit Receipts for a period of one year. Apparently, by now, the amount in question must have been disbursed to the claimants.
Hence, in the facts and circumstances of the present case, no ground for interference by this Court is made out.
Dismissed.
(SABINA),J
Sudha/18
National Insurance Company Ltd.
Smt Kamla Bai and others
Sabina
As recorded by the court registry
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