National Insurance Co Ltd v. Bimla Devi & Ors.

1. Whether reporters of local papers may be allowed to see the judgment?

2. To be referred to the Reporter or not?

3. Whether judgment should be reported in Digest? JUDGMENT (ORAL): REVA KHETRAPAL, J. CM No.1062/2011 Exemption granted subject to all just exceptions. 2011:DHC:292 The application stands disposed of. MAC.Appeal. No.51/2011 and CM No.1061/2011 (stay)

1. Issue notice to the respondent No.8 to show cause as to why the appeal be not admitted and notice of CM No.1061/2011. Mr. Sameer Nandwani, Advocate accepts notice on behalf of the respondent No.8. Notice to the remaining respondents is dispensed with on the prayer of the counsel for the appellant. With the consent of the parties, the appeal is disposed of at preliminary stage itself.

2. The grievance of the appellant in the present appeal is that though three vehicles were involved in the accident, namely, Canter bearing No. HR-69-7746 driven by the respondent No.2 Shri Mobin Kumar, Bus No.PB-11Z-0715 belonging to Punjab Roadways driven by the respondent No.4 Shri Baldev and a Tata 407 bearing No.HR-39A-1551 driven by the respondent No.6 Shri Subhash, the learned Tribunal at the time of the passing of the interim award has directed that the amount of the interim compensation shall be paid in equal shares by the respondents No.3 and 9, i.e., the respective insurance companies of the first and the third vehicle, whereas no liability has been fastened on the Punjab Roadways bus, which, in fact, according to the counsel for the appellant, was responsible for the fatal injuries caused to the deceased.

3. Having heard the counsel for the parties, I am of the view that no interference is called for at this interim stage since the Punjab Roadways is stated to have been impleaded by the learned Tribunal as a party respondent in the case and evidence has yet to be adduced by the parties. Needless to say that if the learned Tribunal adjudges this to be a case of composite negligence, the amount of the interim award may eventually be held to be recoverable from the Punjab Roadways in accordance with the apportionment of liability by the learned Tribunal.

4. Another grievance of the appellant is with regard to the fact that the learned Tribunal has awarded 8% interest on the interim compensation, and that too from the date of the accident. The learned counsel for the appellant contends that the interest should have been awarded by the learned Tribunal from the date of the petition and not from the date of the accident, more so, as the accident took place in the year 2007 and the claim petition was instituted in the year 2010. I find some substance in this contention. Accordingly, the award is modified to the extent that the respondents No.3 and 9 in the claim petition shall, pending the passing of the final award, pay in equal shares the interim compensation fixed by the learned Motor Accident Claims Tribunal at the rate of 7.5% per annum from the date of the institution of the petition. No other orders are called for.

5. MAC.Appeal. No.51/2011 and CM No.1061/2011 stand disposed of.

REVA KHETRAPAL (JUDGE) January 18, 2011 km