High Court Of ChhattisgarhMAC/611/2007dismissed

United India Insurance Co. Ltd. v. Parmanand And Others

2017-02-03Hon'Ble The Chief Justice2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Miscellaneous Appeal (C) No. 611 of 2007.

United India Insurance Company Limited, T.P. Nagar, Korba - Local AddressRajendra Nagar Chowk, Bilaspur, Tah.& District Bilaspur, Chhattisgarh ---- Appellant

VERSUS

1. Parmanand @ Parmakumar Suryavanshi, S/o Chaitram Suryavanshi, aged -8 years, Minor, through Natural Guardian Father Chaitram Suryavanshi, R/o Bohardih, Out post Pachpedi, P.S. Masturi, District Bilaspur, Chhattisgarh.

2. Omprakas Ratre, S/o Shri Narayan Ratre, aged 19 years, R/o Kesla, P.S. Pamgarh, District Janjgir Champa, Chhattisgarh

3. Chotelal Sahu, S/o Shri Ganga Ram Sahu, R/o Village P.O. Nariyara, P.S. Pamgarh, District Janjgir Champa, Chhattisgarh. ---- Respondents For Appellant :

Shri Dashrath Gupta, Advocate.

For Respondent No.1 :

Shri Ravindra Agrawal, Advocate.

For Respondent No.3 :

Shri Sampurnank Gupta, Advocate.

Hon'ble Shri Deepak Gupta, Chief Justice Judgment on Board 03/02/2017

1. Shri Dashrath Gupta, Learned Counsel for the Appellant states that this appeal has virtually become infructuous.

2. In this case, the Tribunal by its award dated 20.03.2007, awarded compensation of Rs.1,50,000/- to the injured Claimant. However, it was held that the person who was driving the offending vehicle was a minor and had no licence, and therefore the Insurance Company was given a right to recover the amount. The Insurance Company has already deposited the amount compensation and the same has already been released in favour of the Claimant. Therefore nothing actually survives in this appeal. The Insurance Company can take steps to recover the amount deposited by it, from the owner of the vehicle as ordered by the Tribunal.

3. Accordingly, the appeal is dismissed.

4. In the cross-objection (I.A. No.1), the Claimant has only claimed future medical expenses. There is not an iota of evidence to show that the Claimant requires any future treatment. Therefore, the cross-objections are dismissed.

Sd/- (Deepak Gupta) CHIEF JUSTICE Subbu