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Himachal Pradesh High Court · body

2015 DIGILAW 1863 (HP)

United India Insurance Co. Ltd. v. Managing Director, HRTC

2015-12-11

MANSOOR AHMAD MIR

body2015
JUDGMENT : Mansoor Ahmad Mir, J. This appeal is directed against the judgment and award dated 30.9.2008, made by the Motor Accident Claims Tribunal, Presiding Officer Fast Track Court, Mandi, H.P. in Claim Petition No. 27/01,46/2005, titled Managing Director HRTC and another versus Ram Dass and others, for short “the Tribunal”, whereby compensation to the tune of Rs.1,02,000/- alongwith interest @ 7.5% per annum was awarded in favour of the claimants and insurer came to be saddled with the liability, hereinafter referred to as “the impugned award”, for short. 2. Owner, driver, insured and claimants have not questioned the impugned award on any ground, thus it has attained finality so far it relates to them. 3. The insurer has questioned the impugned award on the ground that the amount awarded is excessive and liability of the insurer was only to the extent of Rs.6000/-. 4. I have gone through the insurance policy and discussions made by the Tribunal in the impugned award. It is apt to reproduce paras 14 to 16 of the impugned award herein. “14.In order to rebut the evidence of the petitioners, no rebuttal evidence has been led by the respondent No.3 on issue No.1 and the respondent No. 3 has only tendered in evidence the documentary evidence i.e. Insurance Policy Ext. R3/A, Terms and Conditions Ex. R-3-A1, Verification report of Route permit Ex. R3/B, verification of R/C Ex. R3/C, verification of report of D/L Ex. R3/D on issue No.2. 15. From the unrebtuted evidence of the petitioners it is proved on the file that the petitioner’s bus NO. HP-37-0447 was damaged due to the rash and negligent driving of Bus No. HP-23-3264 by the respondent No.2 when the bus of petitioner was stationary on its side at village Bhager near Ghumarwin Distt. Bilaspur, H.P and FIR to this effect was also registered in the Police Station, Ghumarwin on 19.7.1999 and the copy of FIR is Ex.PW1/A and the petitioners have to spent amount on the repair of the bus bearing registration No. HP-37-0447 as mentioned ion the Job Sheets Ex. PA and Ex. PB and the petitioner’s bus could not ply and remained in the workshop from 24.7.1999 to 15.8.1999 and thus, the petitioners in total had suffered damages to the tune of Rs.1,02,000/- and he petitioners are entitled to the sum of Rs.1,02,000/- from the respondents. 16. PA and Ex. PB and the petitioner’s bus could not ply and remained in the workshop from 24.7.1999 to 15.8.1999 and thus, the petitioners in total had suffered damages to the tune of Rs.1,02,000/- and he petitioners are entitled to the sum of Rs.1,02,000/- from the respondents. 16. Since, the respondent No. 1 has insured his bus bearing registration No. HP-23-3264 with the respondent No.3 and thus, the respondent No.3 has to indemnify the respondents No. 1 and 2 for the amount claimed by the petitioners. Accordingly, it is held that the petitioners had suffered damages on account of the negligent act of the respondent No. 2 ion driving the vehicle bearing registration No. HP-23-3264 and thus, the petitioners are entitled for compensation in the sum of Rs.1,02,000/- from the respondent No. 1 and 2 which shall be paid by the respondent No.3. Accordingly, both these issues are decided in favour of the petitioners and against the respondents.” 5. I have gone through the record. I am of the considered view that the Tribunal has rightly recorded the findings that the claimants have suffered damages on account of the rash and negligent act of respondent No.2 in driving the vehicle bearing registration No. HP-23-3264. The Tribunal has rightly made the discussion on issue No. 1 and returned the findings. 6. I have gone through the insurance policy. In terms of the amendment to the Act read with the fact that the insurer has resisted the claim petition on flimsy grounds and deprived the claimants to reap the fruits/benefits of social legislation, the amount awarded is too meager and cannot be said to be excessive, in any way. 7. Having said so, no interference is called for. The appeal is accordingly dismissed. 8. The Registry is directed to release the amount in favour of the claimants, strictly, in terms of the conditions contained in the impugned award. 9. Accordingly, the appeal is disposed of, alongwith pending applications, if any. 10. Send down the record, forthwith, after placing a copy of this judgment.