United India Insurance Company Ltd. v. Hajara Begum
2015-03-20
MANSOOR AHMAD MIR
body2015
DigiLaw.ai
JUDGMENT : Mansoor Ahmad Mir, J. The awards, impugned in these appeals, passed by Motor Accident Claims Tribunal(III), Shimla, H.P., (for short, the Tribunal), are the outcome of one accident caused by respondent/driver Kalamu Din, while driving truck bearing No.HP-08-0811 rashly and negligently, on 24th February, 2003, at about 10.30 p.m., near village See-Kiar Kedi. Therefore, all the appeals are being disposed of by this common judgment. 2. The Tribunal, after examining the entire evidence, held that the claimants have proved their case and accordingly, granted compensation. It was held by the Tribunal that the owner of the offending truck has violated the terms and conditions of the insurance policy for the simple reason that the deceased and the injured were traveling in the offending truck, at the time of accident, as passengers. However, the appellant-insurer was directed to pay the compensation amount, at the first instance, with a right of recovery from the owner. 3. Feeling aggrieved, the insurer has challenged the impugned awards solely on the ground that the Tribunal has fallen in an error in holding the Insurance Company liable to pay the compensation amount, with right of recovery. 4. I have gone through the impugned awards, which are speaking and well reasoned and have been passed after due appreciation of entire evidence and pleadings of the parties. 5. I may also place on record that the awards arising out of the same accident were challenged by the insurer before this Court on the similar ground and a coordinate Bench of this Court dismissed the appeals, vide judgment dated 15th November, 2013, passed in FAO (MVA) No.403 of 2007 and other connected appeals. During the course of hearing, the learned counsel for the appellant-insurer fairly conceded that the said judgment of this Court was assailed before the Apex Court, which, again, has resulted in dismissal, thus, has attained finality. 6. Having said so, these appeals merit dismissal and the same are dismissed, and the impugned awards are upheld. The Registry is directed to place a copy of this judgment on the record of each of the file and also to release the amount in favour of the claimants strictly in terms of the impugned awards.