New India Assurance Company Ltd vs Hazara Singh And Others on 12 January, 2009

IN THE HIGH COURT OF PUNJAB AND HARYANA
              AT CHANDIGARH.


                                          F.A.O. No. 2400 of 2007
                                          Date of Decision : January 12, 2009

New India Assurance Company Ltd.
                                                              .....Appellant
                                 Versus
Hazara Singh and others
                                                           .....Respondents

CORAM : HON'BLE MR JUSTICE T.P.S.MANN

Present :   Mr. Nirmal Mittal, Advocate
            for the appellant.
            Mr. Naresh Kaushal, Advocate
            for respondents No. 1 to 5.
            None for respondent No. 6, despite service.



T.P.S.MANN, J. (Oral)

On the last date of hearing, the Court had directed the

appellant to effect service upon respondent No. 7 by taking dasti

process. As per the office report, learned counsel for the appellant did

not collect the dasti process.

Learned counsel for the appellant states that vide impugned

award, learned Motor Accidents Claims Tribunal, Rupnagar granted an

amount of Rs. 3,17,000/- along with interest as compensation to the

claimants/respondents, which amount was to be paid by the appellant as

well as respondents No. 6 and 7 jointly and severally. The appellant-
F.A.O. No. 2400 of 2007 -2-

Insurance Company was also held entitled to recover the amount of

compensation from respondents No. 6 and 7 in view of the law laid

down in 2001 ACJ 843 and 2004 ACJ 2094. Learned counsel for the

appellant-Insurance Company states that after the deposit of amount as

compensation and the interest, the appellant has the right to recover the

same from respondents No. 6 and 7. For that purpose, an execution

application is required to be filed by the appellant before the learned

Tribunal against respondents No. 6 and 7, and, accordingly, the

appellant wants to pursue the said remedy, instead of continuing with

the appeal.

In view of the above, the appeal is disposed of with the

direction that in the event of deposit of the amount of compensation

and the interest by the appellant-Insurance Company, it shall be at

liberty to file an application for execution so as to recover the said

amount from respondents No. 6 and 7.

Dismissed as withdrawn with liberty aforementioned.

Security, if already furnished by the claimants/respondents

in pursuance of order dated October 31, 2008 shall stand cancelled/

discharged.

                                                   ( T.P.S. MANN )
January 12, 2009                                       JUDGE
satish