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2008 DIGILAW 1236 (ALL)

NATIONAL INSURANCE CO LTD v. KHURSHEEDA BANO

2008-07-04

A.P.SAHI, AMITAVA LALA

body2008
AMITAVA LALA, J. The appellant-Insurance Company has preferred this appeal from the judgment and order dated 20th February, 2008 passed by the concerned Motor Accidents Claims Tribunal, Bareilly. 2. The awarded amount is Rs. 6,90,040/- and the liability to pay the same has been fixed on both the offending vehicles. The Insurance Company herein is insurer of the Scooter. In the accident in question the pillion rider has expired. The appellant initially took the plea that the Insurance Company is not liable to pay the compensation on account of death of pillion rider. But when we called upon the Insurance Company to produced the policy of the insurance and the same was so produced, we find that it is comprehensive in nature having sitting capa city of two persons. Therefore, we do not find any genuine cause to interfere with the order impugned on such plea. 1 "considering the beneficial object of the Act, it would be proper for the insurer to satisfy the award, though in law it has no liability. " In effect it is a stop-gap arrangement to satisfy the award as soon as it is passed. The judg ment of 3 Judges Bench of the Supreme Court in National Insurance Co. Ltd. v. Swaran Singh and others, (2004) 3 SCC 297 also speaks in para 110 that the tribunal can direct that the insurer is liable to be reimbursed by the insured for the compensation and other amounts which it has been compelled to pay to the third party under the award of the Tribunal. Therefore, the intention of the legisla ture as well as the interpretation by the Supreme Court and different High Courts is well settled to the extent that under no circumstances payment of compensa tion to the claimants will be stalled. Even at the cost of repetition we say, it has nothing to do with the dispute with regard to liability of owner or insurer, which can be considered in the separate application in the selfsame cause or in an execution application in connection thereto to be initiated by the Insurance Com pany. 5. Therefore, in totality we do not find any cogent reason to interfere with the judgment and order, which has been passed by the tribunal making stop-gap arrangement for payment by the Insurance Company to the claimants. 5. Therefore, in totality we do not find any cogent reason to interfere with the judgment and order, which has been passed by the tribunal making stop-gap arrangement for payment by the Insurance Company to the claimants. Hence, the appeal is dismissed at the stage of admission, however, without imposing any cost. 000000000000000 6. Incidentally, the appellant 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. .