S.B.Civil Misc. Appeal No...../07- DR(J)3535/07
National Insurance Co. Ltd.
vs.
Avtar Singh & ors.
1
S.B.Civil Misc. Appeal No..../2007
( DR(J) 3535/07)
National Insurance Co. Ltd. vs. Avtar Singh & ors.
Date of Order: 25.9.2008.
PRESENT
HON'BLE MR. PRAKASH TATIA, J.
Mr. Sanjeev Johri or the appellant.
The office has reported that the appellant has not filed
the compensation certification required under Section 173 of
the Motor Vehicles Act for deposit of the requisite amount, but
according to the learned counsel for the appellant-Insurance
Company, the total award was passed by the tribunal of
Rs.35,000/-, against which Rs.25,000/- has been paid to the
claimant under no fault liability then the total amount now due
is Rs.10,000/- only. Since the appellant already paid more than
50% of the award amount to the claimant, therefore, there is no
need to deposit further amount under Section 173 of the Motor
Vehicles Act.
Heard learned counsel for the appellant on merit.
In a case of accident which was occurred on 3.12.2002,
the claimant-victim was travelling in truck LP No. RJ-13 G 3573
and he was khalasi in the truck. In the early morning of
4.12.2002 at 5.30 a.m., a mini truck RJ 26 G 0621 came and hit
the claimant’s LP truck and because of that, injuries were
S.B.Civil Misc. Appeal No…../07- DR(J)3535/07
National Insurance Co. Ltd.
vs.
Avtar Singh & ors.
2
caused to the claimant with fractures. The tribunal awarded
compensation of Rs.35,000/- only.
According to the learned counsel for the appellant, the
Insurance Company is not liable as the victim was travelling in
goods truck. I do not find any force in the the submission of the
learned counsel for the appellant. The tribunal has considered
all aspects of the matter for holding the appellant-Insurance
Company liable.
There is no merit in this appeal and the same is hereby
dismissed.
(PRAKASH TATIA),J.
mlt