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2022 DIGILAW 11 (SC)

Oriental Insurance Co. Limited v. Shakuntla

2022-01-03

B.V.NAGARATHNA, M.R.SHAH

body2022
ORDER 1. Leave granted. 2. Feeling aggrieved and dissatisfied with the impugned interim order dated 05.08.2021 passed by the High Court of Punjab and Haryana at Chandigarh in FAO No. 1466/2020 by which the High Court has passed an order that the appellant should be granted recovery rights, the original appellant-Oriental Insurance Company has preferred the present Appeal. 3. Vide order dated 17.11.2021, this Court passed the following order:- "Issue notice returnable on 03.01.2022. Dasti, in addition, is also permitted. In the meantime, the execution of the judgment and award passed by learned Motor Accident Claims Tribunal (MACT), which is impugned before the High Court is stayed on the condition that the petitioner shall deposit the entire amount as awarded by the learned Tribunal with the MACT within a period of four weeks from today. However, the claimants shall not be permitted to withdraw the same unless permitted by this Court." . It is reported that, pursuant to the said order, the appellant has deposited the entire amount as awarded by the learned Tribunal, with the learned Tribunal. Considering the facts and circumstances of the case and, more particularly, when the question is of a liability of the Insurance Company and it is the case on behalf of the appellant-Insurance Company, which is noted by the High Court that, on the date of accident there was no contract of insurance, we are of the opinion that the interim order passed by this Court is directed to be continued till the final disposal of the first appeal and the High Court is requested to finally decide and dispose of the appeal at the earliest which will meet the ends of justice. 5. In view of the above, we dispose of the present Appeal by continuing the interim order passed by us dated 17.11.2021 till the final disposal of the Appeal before the High Court. However, it is observed that whatever the observations are made by this Court in the present order are only tentative and prima facie and the High Court to finally decide and dispose of the appeal in accordance with law and on its own merits without being in any way influenced by any of the observations made by us in the present order. 6. 6. The High Court is requested to finally decide and dispose of the appeal within a period of three months from the date of receipt of the present order. 7. The present Appeal is accordingly, disposed of.