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FA/1622/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST
APPEAL No. 1622 of 2010
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NATIONAL
INSURANCE CO LTD., REGIONAL OFFICE AT HASUBHAI - Appellant(s)
Versus
DANTANI
(VAGHRI) DASHRATHBHAI BABUBHAI & 1 - Defendant(s)
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Appearance
:
MR
SUNIL B PARIKH for Appellant(s) : 1,
None for Defendant(s) : 1 -
2.
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CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
Date
: 12/07/2010
ORAL
ORDER
National
Insurance Company Limited is before this Court being aggrieved by
judgement and award passed by the Motor Accident Claims Tribunal
(Aux-I), Mehsana dated 7th May 2009 in Motor Accident
claim Petition No.155 of 2006, whereby the Tribunal is pleased to
hold that the claimant is entitled to Rs.75,540/- (Rupees seventy
five thousand five hundred and forty only) with interest accrued on
it at the rate of 7.5% from the date of filing the claim petition
till its realisation with the proportionate cost of the petition.
The
Tribunal is pleased to hold the opponents jointly and severally
liable to pay the amount of compensation as opponent no.1 before the
Tribunal is driver of ‘Chhakda’ (a diesel run six-seater
autorickshaw) bearing Registration No.GJ 2Y 5611 and opponent no.2 is
the insurance company. The learned advocate for the appellant company
vehemently submitted that though a contention was raised in the
Written Statement that the injured person was a commuter in the
‘Chhakda’ and not a pedestrian, the Tribunal has avoided to
decide that issue. He submitted that a specific evidence led before
the Tribunal in the form of F.I.R. and charge sheet wherein it was
specifically mentioned that the injured was a commuter of the
autorickshaw and not a pedestrian. Despite that the Tribunal has
avoided recording any finding on the issue whereby the aspect of
liability of the Insurance Company has changed. In view of that it
will be appropriate for the appellant to file a review application
before the Tribunal and get finding on this point.
2. The
First Appeal is disposed of with a direction that in the event the
appellant-company approaches the Tribunal on or before 30th July
2010, the Tribunal shall decide the same issue within six weeks from
the date of receipt of the application.
3. It
will be in the interest of justice to direct the Tribunal to deposit
the awarded amount with cost and interest in a Cumulative Fixed
Deposit Account of any Nationalized Bank in the name of respondent
no.1-claimant initially for a period of six months. Though the amount
is deposited in the name of the respondent/ claimant, the Fixed
Deposit Receipt shall remain with the Nazir of the Claims Tribunal
till the review application is finally decided by the Tribunal.
4. It
will be open for the appellant to claim refund of the court fee in
accordance with law as the First Appeal is disposed of before
effective hearing.
(RAVI
R. TRIPATHI, J.)
karim
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