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2015 DIGILAW 1051 (HP)

Prem Singh v. Uma Devi

2015-08-07

MANSOOR AHMAD MIR

body2015
JUDGMENT Mansoor Ahmad Mir, J. 1. Both these appeals are the outcome of award, dated 15th May, 2008, made by the Motor Accident Claims Tribunal, Kinnaur at Rampur Bushahr, H.P. (for short, “the Tribunal”) in M.A.C. Petition No. 95 of 2004, tilted Smt. Uma Devi & Another vs. Sh. Prem Singh & Others, whereby compensation to the tune of Rs. 1,70,000/- alongwith interest at the rate of 7½% per annum came to be awarded in favour of claimant No. 1 and against the insurer, with right of recovery from the insured-owner (for short the “impugned award”). 2. FAO No. 348 of 2008 has been filed by the insured-owner on the ground that the Tribunal has wrongly saddled him with the liability. The appeal is liable to be dismissed for the reason that the claimants have nowhere pleaded that the deceased was traveling in the offending vehicle as owner of the goods. In the written statements filed by the respondents to the claim petition before the Tribunal, they have also not pleaded that the deceased was traveling in the offending vehicle as owner of the goods. Accordingly, the plea, which is not taken before the Tribunal or which is not carved out from any other pleadings, cannot be pressed into service for the first time before this Court. 3. The insurer has questioned the impugned award by way of appeal, being FAO No. 512 of 2008, on the ground that the Tribunal has fallen in an error in saddling it with the liability at the first instance, with right of recovery. The appeal is misconceived for the simple reason that the claimants were the third party and it is beaten law of land that the insurer has to satisfy the award in respect of third party. Thus, the Tribunal has rightly passed the impugned award. 4. Having said so, no interference is required. Hence both the appeals are dismissed and the impugned award is upheld. The Registry is directed to release the award amount in favour of the claimants, strictly as per the terms and conditions contained in the impugned award, after proper identification. A copy of this judgment be also placed on the record of connected appeal.