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2007 DIGILAW 773 (GAU)

National Insurance Co. Ltd. v. H. Rales

2007-11-28

MAIBAM B.K.SINGH

body2007
JUDGMENT M.B.K. Singh, J. 1. MAC. Appeal Nos. 3(K)/07, 4(K)/07 and 5(K)/07 which have been filed challenging the common judgment and order passed by the learned Member, MACT, Dimapur on 04.08.2003 disposing of MAC Cases being Nos. 14, 15 and 16 of 2000 wherein related questions of law and facts are involved, are heard jointly to be disposed of by a common order. 2. Upon hearing Mr. B.N. Sharmah, learned Counsel appearing on behalf of the appellants, Mr. B.N. Sarmah, learned Sr. Counsel assisted by Mr. Apok Pongener, Advocate appearing on behalf of the respondent/owner of the vehicle and Mr. K. Sema, learned Counsel appearing on behalf of the claimants in respect of all the 3 appeals and on perusal of the materials before the Court, the following facts are ascertained. 3(three) persons died in an accident arising out of the use of an Oil Tanker bearing Registration No. NL-02/A-2555 on 09.12.1999 near Aokum Village. As per the impugned judgment, the said accident occurred due to rash and negligent driving of the said Oil Tanker by its Driver. The learned Member of the Tribunal held that the said 3 persons were travelling as passengers in the said Oil Tanker at the relevant time. In the opinion of the learned Member of the Tribunal, the concerned Driver was not also having an effective and valid licence for driving the said vehicle/Oil Tanker. Despite finding to the effect that the 3 deceased persons were gratuitous passengers of the goods vehicle at the relevant time, the learned Member of the Tribunal, vide impugned judgment and order, awarded a sum of Rs. 2,18,500/- in favour of the claimants of MAC Case No. 14/2000, a sum of Rs. 3,75,084/- in favour of the claimants of MAC Case No. 15/2000 and a sum of Rs. 2,14,500/- in favour of the claimants of MAC Case No. 16/2000 as against the present appellants, Insurance Company(s) and directed the later i.e. appellant/Insurance Company to deposit the said awards to the office of the Tribunal within 30 days for onward disbursement to the concerned claimants of each case and in case of making default to make the deposit, to pay interest @ 9% R A. from the date of filing the said applications till the payment of the awards. 3. Having regards to the decisions of the Apex Court in New India Insurance Co. 3. Having regards to the decisions of the Apex Court in New India Insurance Co. Ltd. v. Asha Rani (2003) 2 SCC 223 , Oriental Insurance Co. Ltd. v. Devi Reddy Konda Reddy [2003] 1 SCR 537 and National Insurance Co. Ltd. v. Baljit Kaur AIR 2004 SC 1340 etc., there is no dispute that it was wrong on the part of the learned Member of the Tribunal to hold the appellant/Insurance Co. liable to pay compensation to the families of the victims who were travelling in a goods vehicle. Accordingly, instead and in place of the Insurer/Appellant, the Insured, owner of the vehicle is held liable to satisfy the said awards. The impugned judgment is modified to the said extent. 4. However, on the same circumstances made in paragraph 21 of the judgment of the Apex Court in Baljit Kaur's case (supra) and also having regards to the decision of the Apex Court in Oriental Insurance Co. Ltd. v. Nanjappan and Ors. (2004) 2 TAC 12 at para 7, in the interest of justice, the appellant herein is directed to satisfy the said awards in favour of the claimants about which there is no dispute within 4 months from today, if not already satisfied, and recover the same from the owner of the vehicle. For the purpose of such recovery, it would not be necessary for the Insurer to file a separate suit, but may initiate a proceeding before the executing Court as if the dispute between the Insurer and the owner was the subject matter of determination before the Tribunal and the issue is decided against the owner and in favour of the Insurer. 5. Before release of the amount, the owner of the vehicle shall be issued a notice and he shall be required to furnish security for the entire amount which the Insurer will pay to the claimants. The offending vehicle shall be attached, as a part of this security. If necessary arises, the executing Court shall take assistance of the concerned Regional Transport Authority. The executing Court shall pass appropriate orders in accordance with law as to the manner in which the insured, owner of the vehicle shall make payment to the Insurer. The offending vehicle shall be attached, as a part of this security. If necessary arises, the executing Court shall take assistance of the concerned Regional Transport Authority. The executing Court shall pass appropriate orders in accordance with law as to the manner in which the insured, owner of the vehicle shall make payment to the Insurer. In case there is any default, it shall be open to the executing Court to direct realization by disposal of the securities to be furnished or from any other property or properties of the owner of the vehicle, the insured. 6. In the result, these appeals are partly allowed to the aforementioned extent and subject to the directions aforementioned. I pass no order as to costs.