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2015 DIGILAW 1791 (HP)

National Insurance Company Limited v. Kaveeta Shreshta

2015-12-04

MANSOOR AHMAD MIR

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JUDGMENT : Mansoor Ahmad Mir, J. Subject matter of this appeal is judgment and award, dated 21.03.2009, made by the Motor Accident Claims Tribunal, Kinnaur Civil Division at Rampur Bushahr, H.P. (for short "the Tribunal") in M.A.C. Petition No. 80 of 2006, titled as Smt. Kaveeta Shrestha versus Vishal alias Rinku and another, whereby compensation to the tune of Rs. 73,000/- came to be awarded in favour of the claimant and against the respondents (for short "the impugned award"). 2. Appellant-insurer has questioned the impugned award on the ground that the insurance policy was 'Act Policy', therefore, it was not liable to indemnify and the owner-insured had to satisfy the entire award. 3. I have perused the record. It appears that the Tribunal has not discussed the following three questions:- (i) Whether the insurance policy was 'Act Policy' or otherwise? (ii) Whether risk of the deceased was covered? And (iii) Who is to satisfy the award? 4. I have decided a case of the like nature being FAO No. 164 of 2007, titled as Sh. Vipan Kumar versus Naushad Ahmed and another, decided on 28.11.2014 and have remanded the matter to the Tribunal for determining the issues. It is apt to reproduce paras 12 and 13 of the judgment herein:- "12. The question is who is to be saddled with the liability. This issue has not been decided by the Tribunal. The insurer has not led any evidence to prove whether it is an "Act policy" or otherwise. 13. In the given circumstances, I deem it proper to remand the appeal by directing the Tribunal to decide the said issue, i.e., who is to be saddled with the liability. The insurer and owner are at liberty to lead evidence to that effect." 5. It is also worthwhile to record herein that the appellant-insurer has taken a preliminary objection to this effect in its reply to the claim petition, but despite that, no issue has been framed by the Tribunal. 6. Having said so, the case is remanded to the Tribunal for determining all the three questions (supra). The appellant-insurer and the owner-insured of the offending vehicle are at liberty to lead evidence to that effect. 7. Parties are directed to cause appearance before the Tribunal on 30th December, 2015 and the Tribunal is directed to decide the matter within four months with effect from 30th December, 2015. 8. The appellant-insurer and the owner-insured of the offending vehicle are at liberty to lead evidence to that effect. 7. Parties are directed to cause appearance before the Tribunal on 30th December, 2015 and the Tribunal is directed to decide the matter within four months with effect from 30th December, 2015. 8. Registry is directed to release the awarded amount with interest in favour of the claimant strictly as per the terms and conditions contained in the impugned award after proper identification. Release of the amount is subject to the findings to be recorded by the Tribunal. 9. Send down the record after placing copy of the judgment on Tribunal's file.