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2016 DIGILAW 1149 (HP)

Kanshi Ram v. Vinod Kumar

2016-06-24

MANSOOR AHMAD MIR

body2016
JUDGMENT : Mansoor Ahmad Mir, J. This appeal is directed against the judgment and award dated 4.10.2010, made by the Motor Accident Claims Tribunal, Bilaspur, H.P. in MAC No. 86 of 2007, titled Vinod Kumar versus Kanshi Ram and others, for short “the Tribunal”, whereby compensation to the tune of Rs.85,000/- alongwith interest @ 7.5% per annum, came to be awarded in favour of the claimant and insured came to be saddled with the liability, hereinafter referred to as “the impugned award”, for short. 2. Claimant, driver and insurer have not questioned the impugned award on any ground, has attained the finality, so far as it relates to them. 3. The insured/owner has questioned the impugned award on the ground that the Tribunal has fallen in an error in saddling him with the liability and exonerating the insurer from the liability as the vehicle was insured at the time of accident. 4. The learned counsel for the appellant argued that the appellant has laid motion being CMP No. 368/2011, alongwith copy of insurance policy as insurance policy was valid. The application is granted and the insurance policy is taken on record. The application is disposed of. 5. I have gone through the insurance policy. While going through the said policy, one comes to a prima facie conclusion that the vehicle was insured at the time of accident. 6. The learned counsel for the insurer stated at the Bar that he has also sought instructions telephonically from the Manager of the Insurance Company concerned to the effect that the insurance policy was valid and effective on the date of the accident. 7. In the given circumstances, I deem it proper to allow this appeal and hold that the vehicle was insured at the time of accident and insurer has to satisfy the impugned award. 8. Having said, the appeal is allowed and insurer is directed to satisfy the impugned award. 9. The insurer is directed to deposit the amount within eight weeks from today in the Registry and on deposit, the Registry is directed to release the awarded amount in favour of the claimant, through payees’ cheque account or by depositing the same in his bank account, strictly as per the terms and conditions contained in the impugned award. Statutory amount of Rs.25,000/- deposited by the appellant/owner, is awarded in favour of the claimant as costs. 10. Statutory amount of Rs.25,000/- deposited by the appellant/owner, is awarded in favour of the claimant as costs. 10. Accordingly, the impugned award is modified as indicated hereinabove and the appeal is disposed of. 11. Send down the record forthwith, after placing a copy of this judgment.