Partly allowed

The New India Assurance Company Limited v. Sh. Pawan Kumar Sharma

Uttarakhand HC23 Nov 2021AO/212/2010

Case brief

AI extract

What is this about?

Single judge dismissed the appeal, upheld the Tribunal’s judgment, clarified recovery rights, and directed immediate release of claimants' compensation and refund of appellant’s deposit.

What did the court decide?

Present appeal dismissed. Judgment of Tribunal upheld. Amount deposited by appellant to be released to claimants and statutory amount with interest refunded to appellant.

SL.
No

Date

Office Notes,
reports, orders or
proceedings or
directions and
Registrar’s order
with Signatures

COURT’S OR JUDGES’S ORDERS

AO No. 212 of 2010
Shri Sanjaya Kumar Mishra, J.

Shri V.K. Kohli, Sr. Advocate assisted by
Shri I.P. Kohli, Advocate for the appellant.
Shri Tapan Singh, Advocate for the
respondent.
Learned
counsel
for
the
appellant
submits the Xerox copy of insurance policy, in
question, filed by the driver did not relate
either to the Branch of the Insurance Company
or to the Development Officer of the Company
and denial to this effect has been made in
paragraphs 9 and 13 of the written statement
filed by the Insurance Company before the
Tribunal.
I have perused the record. The denial
made by the Insurance Company in the
aforesaid paragraphs is evasive. The Insurance
Company has not come up with an alternative
case that this policy is issued with regard to
another vehicle, so this Court is of the opinion
that the judgment passed by the learned
Tribunal does not require any interference.
In this case, the right of recovery has
been given to the Insurance Company in the
body of the impugned judgment and the
Tribunal has observed that if the Insurance
Company proved the fact that the truck was
not insured with it, then it can recover the
money from the owner of the offending
vehicle. However, in the operative portion, the
learned Tribunal has not granted any recovery
right to the Insurance Company.
So, it is apparent that this issue was not
finally decided by the Tribunal. Hence, while
dismissingthe appeal,a libertyisgranted to

the appellant – Insurance Company to file
proper application before the Tribunal to decide the issue - whether the truck, in question, was in fact insured with it or not? After issuing notice to the owner and the driver of the truck and affording reasonable opportunity of producing documents and opportunity of hearing to both the parties, the Tribunal shall pass appropriate orders on the issue. Present appeal is dismissed. The judgment passed by the Tribunal is upheld. We further direct that the amount of award already deposited by the Insurance Company before the Tribunal shall immediately be released proportionately as fixed by the Tribunal in favour the claimants on their proper identification. The statutory amount along with interest, if any, deposited by the appellant before this Court shall be refunded to the appellant on proof of the deposit of the compensation awarded in favour of the claimants before the Tribunal. (S.K. Mishra, J.) 23.11.2021 SKS

the appellant – Insurance Company to file

proper application before the Tribunal to
decide the issue - whether the truck, in
question, was in fact insured with it or not?
After issuing notice to the owner and the
driver of the truck and affording reasonable
opportunity of producing documents and
opportunity of hearing to both the parties, the
Tribunal shall pass appropriate orders on the
issue.
Present
appeal
is
dismissed.
The
judgment passed by the Tribunal is upheld.
We further direct that the amount of award
already deposited by the Insurance Company
before the Tribunal shall immediately be
released proportionately as fixed by the
Tribunal in favour the claimants on their
proper identification. The statutory amount
along with interest, if any, deposited by the
appellant before this Court shall be refunded
to the appellant on proof of the deposit of the
compensation awarded in favour of the
claimants before the Tribunal.

(S.K. Mishra, J.)
23.11.2021
SKS

The New India Assurance Company Limited v. Sh. Pawan Kumar Sharma

Case brief

What is this about?

What did the court decide?

The New India Assurance Company Limited v. Sh. Pawan Kumar Sharma

Case brief

What is this about?

What did the court decide?

What the court decided

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