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2015 DIGILAW 1649 (HP)

New India Assurance Co. Ltd. v. Devki Devi

2015-11-06

MANSOOR AHMAD MIR

body2015
JUDGMENT : Mansoor Ahmad Mir, J. This appeal is directed against the judgment and award dated 31.7.2008, made by the Motor Accident Claims Tribunal, Presiding Officer, Fast Track Court, Mandi, in Claim Petition Nos. 11/2002, 90/2005, titled Devki Devi and others versus Sh. Krishan alilas Kala and others, for short “the Tribunal”, whereby compensation to the tune of Rs.6,64,000/- alongwith interest @ 7.5% per annum was awarded in favour of the claimants and appellant herein came to be saddled with the liability, hereinafter referred to as “the impugned award”, for short. 2. On the last date of hearing, the learned counsel for the appellant was asked to state whether they have preferred any appeal against the award, the mention of which is made in para 21 of the impugned award. It is apt to reproduce para 21 of the impugned award herein. “21.The Ld. Motor Accident Claim Tribunal-I Mandi HP vide its Award dated 7.10.2002 whose certified copy is Ext. PC in which the present respondent Nos. 1 to 3 were arrayed as respondents by Smt. Kalasho Devi etc. has clearly held that the accident took place due to the rash and negligent driving of the Maruti Car bearing registration No. HR-26D-7183 and the accident had not taken place due to the negligence of the driver of police Jeep. Accordingly, it is held that the deceased had died as a result of rash and negligent driving of the respondent No.1 and thus issue is decided in favour of the petitioners and against the respondents.” 3. Today the learned counsel for the appellant has stated that they have not preferred any appeal against the said award. Thus, the said award has attained the finality. The copy of the award is on the record as Ext. PC. 4. I have gone through the said award. The insurer has been saddled with the liability. The findings returned in the said award have attained finality. No case for interference is made out in this appeal. Accordingly, the insurer has to satisfy the same. 5. Viewed thus, the impugned award is upheld and the appeal is dismissed. 6. The insurer is directed to deposit the amount within six weeks from today, if not already deposited. The findings returned in the said award have attained finality. No case for interference is made out in this appeal. Accordingly, the insurer has to satisfy the same. 5. Viewed thus, the impugned award is upheld and the appeal is dismissed. 6. The insurer is directed to deposit the amount within six weeks from today, if not already deposited. On deposit, the Registry is directed to release the same in favour of the claimants, strictly, as per the terms and conditions contained in the impugned award, through payee’s cheque account. 7. Send down the record, forthwith, after placing a copy of this judgment.