New India Assurance Co. Ltd. v. Neelam Kumari Mongra
2016-09-09
MANSOOR AHMAD MIR
body2016
DigiLaw.ai
JUDGMENT : Mansoor Ahmad Mir, J. 1. This appeal is directed against the judgment and award dated 5.10.2010, made by the Motor Accident Claims Tribunal, Fast Track Court, Kangra at Dharamshala, H.P., in MACP No. 37-K/2006, titled Smt. Neelam Kumari Mongra and others versus Chuni Singh and others, for short “the Tribunal”, whereby compensation to the tune of Rs.28,17,000/- along with interest @ 7.5% per annum came to be awarded in favour of the claimants, and insurer was saddled with the liability with right of recovery from the owner/insured, hereinafter referred to as “the impugned award”, for short. 2. It appears that the insurer has filed appeal in view of the law which was applicable at the time of passing the impugned award for the reason that the insured was to be saddled with the liability. Now the law has gone through sea change and the insurer has to satisfy the award with right of recovery. 3. The insured has not questioned the impugned award. 4. Having said so, the appeal is not maintainable and is dismissed as such. 5. The Registry is directed to release the awarded amount in favour of the claimants, through payees’ cheque account or by depositing the same in their bank accounts, strictly as per the terms and conditions contained in the impugned award. The insurer is at liberty to lay motion for recovery before the Tribunal. 6. Send down the record, forthwith, after placing a copy of this judgment.