Court No. - 34 Case :- FIRST APPEAL FROM ORDER No. - 1399 of 2008 Petitioner :- The Oriental Insurance Company Ltd. Respondent :- Hiramani & Others Petitioner Counsel :- S.C. Srivastava Hon'ble Prakash Chandra Verma,J.
Hon’ble Ram Autar Singh,J.
This is an appeal of the insurance company. It is a case of death and awarded
amount is Rs. 1,77,000/-. However, we find that the insurance company,
being appellant herein, has not been fastened with the liability to pay
compensation but only as a stop-gap arrangement has been directed to make
payment with liberty to recover the same. Therefore, we do not find any
cogent reason to interfere in the appeal. Hence, in view of the above, the
appeal stands dismissed.
No order is passed as to costs.
Incidentally, the appellant-insurance company prayed that the statutory
deposit of Rs. 25,000/- made before this Court for preferring this appeal be
remitted back to the concerned Motor Accidents Claims Tribunal as
expeditiously as possible in order to adjust the same with the amount of
compensation to be paid to the claimants, however, such prayer is allowed.
However, in case the owner and/or anyone has preferred any appeal or made
any application before the appropriate Court/tribunal, the insurance company
will not be debarred from contesting the same.
Order Date :- 4.2.2010
RKS/