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2015 DIGILAW 941 (HP)

Ranjeev Singh v. Chattur Singh (deceased) through LRs

2015-07-24

MANSOOR AHMAD MIR

body2015
JUDGMENT Mansoor Ahmad Mir, J. These three appeals are outcome of a vehicular accident which was caused by Chattur Singh driver while driving Tata Sumo No. PB-12-G-0527 at Nadaun, District Hamirpur at about 5.45 p.m. FIR No.127 of 2005 was registered in Police Station, Hamirpur, District Hamirpur, H.P. 2. The claimants being the victims of a vehicular accident filed three claim petitions and came to be tried separately and separate awards were passed. The award dated 10.1.2008 passed in claim petition No. 18 of 2006 titled Ranjeev Singh and others versus Chattur Singh is the subject matter of FAO No. 183 of 2008, the award dated 9.1.2008 passed in claim petition No. 19 of 2006 titled Smt. Manju Thakur and others versus Chattur Singh is subject matter of FAO No. 184 of 2008 and the award of the same date, i.e., 9.1.2008 passed in claim petition No.20 of 2006 titled Gurpal Singh versus Chattur Singh and others is subject matter of FAO No. 185 of 2008. 3. Parties have led evidence before the Tribunal. 4. The Tribunal, after scanning the evidence awarded compensation in favour of the claimants and owner/insured came to be saddled with the liability. 5. The driver and owner have not questioned the impugned awards on any ground thus; the impugned awards have attained finality so far as the same relate to them. 6. The insurer has also not questioned the impugned awards thus; the impugned awards have attained finality so far as the same relate to it. 7. Only the claimants have questioned the impugned awards on the ground of adequacy of compensation. 8. I have gone through the impugned awards, cannot be said to be inadequate or excessive in any way. Rather a just and appropriate compensation was awarded by the Tribunal in all the claim petitions vide separate awards. Therefore, all the three impugned awards are upheld. 9. While going through the impugned awards, one comes to an inescapable conclusion that the Tribunal has fallen in an error in not directing the insurer to satisfy the award at the first instance with right of recovery from the owner, for the simple reason that the deceased and the claimants are the third parties. 10. Having said so, the insurer is directed to satisfy the impugned awards at the first instance with right of recovery from the owner. 11. 10. Having said so, the insurer is directed to satisfy the impugned awards at the first instance with right of recovery from the owner. 11. The insurer is directed to deposit the compensation amount within eight weeks from today in the Registry of this Court with interest, as awarded by the Tribunal and the same, on the deposit, be released in favour of the claimants, strictly in terms of the conditions contained in the impugned award, through payees’ cheque account. 12. Accordingly, the impugned awards are modified, as indicated hereinabove, and the appeals are disposed of. 13. Send down the record forthwith, after placing a copy of this judgment.