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2016 DIGILAW 2483 (HP)

United India Insurance Company Ltd. v. Lal Chand

2016-11-25

MANSOOR AHMAD MIR

body2016
JUDGMENT : Mansoor Ahmad Mir, J. Learned Counsel for the appellant-insurer argued that Claim Petition No. 133-S/2 of 2001/2003 was filed by the claimant in the year 2001 before the Motor Accident Claims Tribunal, Shimla (for short ‘the Tribunal’) whereby compensation to the tune of Rs. 1,25,000/- came to be awarded in his favour, subject to the production of disability certificate by the claimant, which he failed to do so. Then, the claimant filed an execution petition, which was also dismissed. Thereafter, the claimant filed fresh claim petition i.e. M.A.C. Petition No. 31-S/2 of 2009, whereby compensation to the tune of Rs. 2,55,000/- with interest at the rate of 9% per annum from the date of filing of the claim petition was granted in favour of the claimant. The said claim petition has given birth to the instant appeal. In view of the above, learned Counsel for the appellant-insurer argued that the claimant is caught by the Principles of Res judicata. He also stated that the amount of compensation has not been paid to the claimant. 2. Perused. 3. The second claim petition is not maintainable in view of the doctrine of Res judicata. However, grant of compensation is a social legislation and for the benefit of claimants-sufferers and in order to save them from social evils, compensation is to be awarded in their favour. 4. In the given circumstances, with the consent of the learned Counsel for the parties, I deem it proper to award compensation to the tune of Rs. 2,00,000/- in lump sum, in favour of the claimant. 5. The impugned award is modified, as indicated above. 6. Learned Counsel for the appellant-insurer stated at the Bar that the award amount stands deposited before the Registry. 7. Registry is directed to release the amount of Rs. 2,00,000/- in favour of the claimant through payees’ account cheque or by depositing the same in his account. 8. The excess amount, if any, and interest accrued, be refunded in favour of the appellant-insurer through payees’ account cheque. 9. Accordingly, the appeal is disposed of. 10. Send down the record after placing a copy of the judgment on Tribunal's file.