Research › Search › Judgment

Himachal Pradesh High Court · body

2016 DIGILAW 2637 (HP)

National Insurance Company Ltd. v. Nand Lal

2016-12-09

MANSOOR AHMAD MIR

body2016
JUDGMENT : MANSOOR AHMAD MIR, J. 1. Subject matter of this appeal is the award dated 20th August, 2011, made by the Motor Accident Claims Tribunal-I, Solan, District Solan, H.P., Camp at Nalagarh (hereinafter referred to as 'the Tribunal’) in Claim Petition No. 6NL/2 of 2008, titled as Nand Lal versus Nanak Chand & another,whereby compensation to the tune of Rs. 86,000/- with interest at the rate of 7.5% per annum from the date of filing of the claim petition, came to be awarded in favour of the claimant and the insurer was saddled with liability (for short the impugned award’). 2. The claimant and insured-owner have not questioned the impugned award, on any count. Thus, it has attained finality, so far the same relates to them. 3. The insurer has questioned the impugned award on the grounds taken in the memo of the appeal. 4. Learned Counsel for the appellant-insurer argued that the pleadings and proof on the file are at variance and the claim petition ought to have been dismissed. Further argued that the driver was not having a valid and effective driving licence at the time of accident and the offending vehicle, i.e Tractor-Trolley bearing registration No. HP-12A-5274 was meant for agriculture purpose. 5. I have gone through the impugned award and the entire record. 6. In para-8 of the claim petition, claimant has specifically pleaded that he was sitting in the offending tractor as Labourer with the Contractor. But in his affidavit (Ext. PW-1/A) tendered before the Tribunal, he has stated that he was hit by the said tractor on the road, while he was working with the Contractor. 7. The factum of insurance and permanent disability suffered by the claimant is admitted, but the factum of accident is in dispute. 8. Having glance of the aforesaid discussion, I am of the considered view that it is a case of remand, but keeping all the facts in view, I deem it proper to award compensation to the tune of Rs. 25,000/- under the head 'no fault liability’ as per the mandate of Section 140 of the Motor Vehicles Act, 1988, with interest at the rate of 7.5% per annum from the date of filing of the claim petition. 9. Accordingly, the claimant is held entitled to Rs. 25,000/- under the head 'no fault liability’ as per the mandate of Section 140 of the Motor Vehicles Act, 1988, with interest at the rate of 7.5% per annum from the date of filing of the claim petition. 9. Accordingly, the claimant is held entitled to Rs. 25,000/- under the head 'no fault liability’ with interest at the rate of 7.5% per annum from the date of filing of the claim petition. 10. The Registry is directed to release the award amount in favour of the claimant, strictly in terms of conditions contained in the impugned award, through payees account cheque or by depositing the same in his account. 11 The excess amount, if any, be refunded in favour of the appellant-insurer through payees account cheque. 12. Accordingly, the impugned award is modified and the appeal is disposed of. 13. Send down the records after placing a copy of the judgment on the file of the claim petition.