High Court Punjab-Haryana High Court

Oriental Insurance Company vs Pyara Chand And Others on 11 December, 2009

Punjab-Haryana High Court
Oriental Insurance Company vs Pyara Chand And Others on 11 December, 2009
F.A.O. No. 5760 of 2009                                           1

      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                       CHANDIGARH


                                F.A.O. No. 5760 of 2009
                                Date of decision: 11-12-2009


Oriental Insurance Company                                 .........Appellants
                   Vs
Pyara Chand and others                                    .........Respondents


CORAM:- HON'BLE MR. JUSTICE HARBANS LAL

Present:     Shri Ashwani Talwar, Advocate, for the appellant.


HARBANS LAL, J.

This appeal is directed by the Oriental Insurance Company

against the award dated 24.6.2009 passed by the learned Motor Accident

Claims Tribunal, Panchkula, Haryana whereby he awarded an amount of

Rs.5,78,000/- in claim petition No. 59 of 2008 titled Pyara Chand and others

Vs. Daljit Singh and another, and also awarded a sum of Rs.1,20,000/- in

claim petition No. 60 of 2008 titled Pyara Chand Vs. Daljit Singh together

with interest at the rate of 6% per annum from the date of filing of the

petition till realization of the entire awarded amount.

The facts are these:

On 9.3.2008 Rama Devi and her husband Pyara Chand and

others were present in the main bazar Kalka near bus stand being in wait for

a bus for Dharampur. Around 4.30 p.m., a Tata Safari bearing registration

No. CH03Y-2242 came from Shimla side being driven by Daljit Singh

respondent rashly and negligently and at a very high speed although a

number of persons were present in the bazar. The Tata Safari hit against
F.A.O. No. 5760 of 2009 2

Pyara Chand, his wife Ram Devi and many other persons by going on the

extreme wrong side of the road near the shops and as a result thereof 10-12

persons including Pyara Chand and Ram Devi suffered injuries. Rama Devi

succumbed to the injuries at the spot. The injured persons were taken to

Civil Hospital, Kalka.

I have heard the learned counsel for the appellant besides

perusing the record with due care and circumspection.

Learned counsel for the appellant strenuously urged that the

application under Section 170 of the Motor Vehicles Act was filed by the

Insurance Company on 22.2.2008 copy of which is Annexure A-1. The

learned Tribunal without disposing it off, has passed the impugned award.

He further puts that in re:Tamil Nadu State Transport Corporation Ltd. Vs.

S.Rajapriya and Others 2005(2) Punjab Law Reporter 650 the Apex court

reduced the multiplier from 16 to 12 as age of the deceased was 38 whereas

in the instant one, the multiplier of 16 has been applied though the age of

the deceased was also 38 years. Furthermore, a careful delving into the

impugned award would reveal that 1/3rd on account of personal expenses of

the deceased has not been reduced from her monthly income.

I have given a deep and thoughtful consideration to these

submissions.

In Annexure A-1 the copy of the application purportedly moved

by the Appellant insurance company under Section 170 of the Motor

Vehicles Act, it has been mentioned with specificity that “Respondent has

colluded with the claimant and claim is not being contested by taking proper

defences as provided under the Motor Vehicles Act. Therefore, to protect
F.A.O. No. 5760 of 2009 3

the interest of the applicant, the applicant may be allowed to take all such

defences which are available to the other respondents against the claimants

under the provisions of the Motor Vehicles Act.” It is beyond

comprehension as to how the learned Tribunal had proceeded to decide the

claim petition without passing any order on this application. If the same

had been allowed only then the respondent insurance company could have

taken all such defences as were available to the other respondents against

the claimants. Without being permitted to take all such defences, the

appellant could not conduct the case in a manner as desired by law. It

should have been decided one way or the other. Such being the

circumstances, the impugned award is set aside with a direction to the

learned Tribunal to dispose of the said application and decide the matter

afresh, after procuring the presence of the claimants as well as the

respondent Daljeet Singh. The appellant shall put in appearance through its

counsel before the learned Tribunal on 15.1.2010.

(HARBANS LAL)
JUDGE

December 11, 2009
RSK

NOTE: Whether to be referred to the Reporter or not? Yes/No