Court No. - 19 Case :- FIRST APPEAL FROM ORDER No. - 2083 of 2009 Petitioner :- National Insurance Co. Ltd. Respondent :- Jagroop Pasi & Others Petitioner Counsel :- Ajay Singh Respondent Counsel :- Ram Singh Hon'ble Sanjay Misra,J.
Sri Ram Singh who has put in appearance on behalf of the claimant respondent
has submitted that the Tribunal has granted 36,601.50 compensation for the injury
suffered by the claimant respondent and has directed National Insurance Company
Ltd. to pay 1/3 of the amount and The New India Assurance Co. Ltd. to pay 1/3 of the
amount. He states that the balance amount to which the claimant respondent has been
made entitled has not been clarified as to who will pay the same to the claimant.
The operative portion of the award is quoted hereunder-
;kph tx:i dk izfrdj ;kfpdk eq0 36 601-50 iSLks izfrdj dh
/kujkf’k vkaf’kd :i ls Lohdkj dh tkrh gSA foi{kh la[;k 2
o 4 dks vknsf’kr fd;k tkrk gS fd ,d ekg ds vUnj mijksDr
/kujkf’k dk 1@3] 1@3 fgLlk ;kph dks vnk djsaA ,d eghus esa
izfrdj dh /kujkf’k u vnk djus ij ;kfpdk dh frfFk ls 6%
okf”kZd C;kt Hkh vnk fd;k tk;sxkAIn view of the aforesaid circumstances the claimant is given liberty to file an
application before the Motor Accident Claims Tribunal in MACT no. 108 of 2004
seeking clarification as submitted above.
In the meantime since the National Insurance Co. Ltd. appellant has filed this
appeal and deposited the amount made liable upon it the claimant will be entitled to
withdraw 1/2 of the 1/3 of the amount deposited by the National Insurance Co. Ltd.
without any security. The amount deposited by the National Insurance Co. Ltd.
(appellant) before this court under Section 173 of the Motor Vehicles Act may be
transmitted to the Tribunal forthwith.
Order Date :- 5.1.2010
Pravin
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