National Insurance Co Ltd v. Sharman & Ors.

1. Whether Reporters of Local papers may NO be allowed to see the Judgment?

2. To be referred to the Reporter or not? NO

3. Whether the judgment should be NO reported in the Digest? JUDGMENT (Oral)

1. The appellant has challenged the award of the learned Tribunal whereby compensation of Rs.2,20,000/- has been awarded to the claimants/respondents No.1 to 8.

2. The accident dated 11th April, 2004 resulted in the death of Mor Kali. The deceased was survived by her husband, five sons and two daughters, who filed the claim petition before the learned Tribunal.

3. The deceased was travelling in three wheeler scooter bearing No.DL-1RC-9818 which met with an accident with Bus bearing No.DL-1PB-4002. The claimants filed the claim petition against the driver and owner of the TSR as well as the Bus. The appellant is the insurer of the offending Bus. 2010:DHC:799

4. The learned Tribunal held both the vehicles to be guilty of composite negligence and the learned Tribunal passed the impugned award jointly and severally against the bus and TSR.

5. The learned Counsel for the appellant has urged at the time of hearing of this appeal that the liability of the appellant is 50% and the recovery rights be given to the appellant to recover the 50% of the award amount from the driver and owner of the TSR, since TSR was not insured. The TSR was driven by respondent No.1 and was owned by respondent No.2 at the time of the accident.

6. Since there is no challenge to the finding of composite negligence of both the vehicles, the appeal is allowed and the recovery rights are granted to the appellant to recover 50% of the award amount from respondent Nos. 1 and 2. The impugned award stands modified to the above extent only.

7. The appellant deposited 50% of the award amount with the Registrar General of this Court in terms of order dated 23rd January, 2008 and same was released to the claimants vide order dated 18th March, 2008. The balance 50% of the award amount was deposited by the appellant with Registrar General in terms of order dated 25th May, 2009 and the said amount has been kept in fixed deposit vide order dated 6th November, 2009.

8. The Registrar General is directed to release balance 50% of the award amount to the claimants in the following proportion:-

(i) Respondent No.1 - 50%

(ii) Respondent Nos. 2 to 7 - 5% each.

(iii) Respondent No.8 - 20%.

9. Respondent No.8 is minor and, therefore, his share be kept in a fixed deposit with cumulative interest till he attains the age of maturity.