Research › Search › Judgment

Allahabad High Court · body

2003 DIGILAW 392 (ALL)

Oriental Insurance Co. Ltd. v. Budhwati

2003-02-21

M.P.SINGH, S.P.SRIVASTAVA

body2003
M. P. SINGH, J. ( 1 ) HEARD learned counsel for the insurer appellant. Appellant feels aggrieved by the award of the Motor Accidents Claims Tribunal, determining an amount of Rs. 1,70,000 as just compensation, to which the claimant was found entitled on account of the untimely death of the deceased Ram Bhajan in an accident involving the offending motor vehicle insured by the present insurer appellant. ( 2 ) THE only submission which is urged and pressed by the learned counsel for the appellant in support of this appeal is that there was a breach of terms and conditions subject to which the insurance policy had been issued covering the risk. His contention is that the offending motor vehicle was being driven by a person who had no valid licence. ( 3 ) LEARNED counsel for the appellant has tried to assail the findings returned against it by the Motor Accidents Claims tribunal. The aforesaid findings, however, could not be demonstrated to be suffering from any such legal infirmity which may justify an interference therein by this court. The findings returned against the appellant by the Tribunal are amply supported and warranted by the evidence and material brought on record. ( 4 ) SO far as the statutory liability of the insurer appellant contemplated under the provisions of the Motor Vehicles Act in the matter relating to the payment of just compensation determined by the Motor accidents Claims Tribunal is concerned, the mere fact that there was violation of the terms and conditions subject to which the insurance policy had been issued, cannot have the effect of exonerating the insurer from the statutory liability cast upon him in this regard to pay the amount to the third party victim. ( 5 ) IN such a situation, it is always open to the insurer to get the amount, paid in excess, refunded to it from the owner/insured in an appropriate proceedings initiated before the Motor Accidents Claims Tribunal in which proceedings such a dispute can be decided between the insurer and the insured after affording an opportunity of hearing to the insured in accordance with law. ( 6 ) IT will, therefore, be open to the insurer appellant to initiate an appropriate proceeding for the refund of the amount paid by it to the claimants and establish the breach of the terms and conditions subject to which the insurance policy had been issued. ( 7 ) THE dismissal of this appeal will not come in the way of the insurer appellant initiating such proceedings. ( 8 ) TAKING into consideration the totality of the facts and circumstances as brought on record, no justifiable ground has been made out for any interference by this court in the impugned award. ( 9 ) THIS appeal is totally devoid of merits, which deserves to be and is hereby dismissed in limine. ( 10 ) AS prayed, amount of Rs. 25,000 deposited in this court by the insurer appellant under section 173 of the Motor vehicles Act be remitted back to the Motor accidents Claims Tribunal concerned so that it may be disbursed to the claimant. Appeal dismissed. . .