National Insurance Co Ltd v. Ruksana And ORS

$~16 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ MAC.APP. 519/2016 NATIONAL INSURANCE CO LTD ..... Appellant Through:

Mr. Shoumik Mazumdar, Advocate versus RUKSANA AND ORS ..... Respondents Through:

Mr. Iqrar Ali Khan, Advocate for R-1 to 5.

CORAM:

HON'BLE MR. JUSTICE R.K.GAUBA

O R D E R

% 09.03.2018 The insurance company is aggrieved by the judgment dated 22.04.2016 of the motor accident claims tribunal on the accident claim case (suit no. 77/2016) of first to fifth respondents (collectively, the claimants) on the ground no opportunity was given to it to submit its pleadings nor any evidence recorded.

It is noted from the impugned judgment that soon after the insurance company had submitted its legal offer which was not acceptable to the claimants, the tribunal proceeded to pass the award. The learned counsel for the claimants fairly concedes that the procedure adopted by the tribunal cannot be approved, there having been no inquiry conducted. Thus, the impugned judgment is set aside. The claim case is remitted to the tribunal for appropriate inquiry in accordance with law. Since the legal offer has already been rejected by the claimants, the tribunal will give MAC.APP. 519/2016

opportunity to the contesting respondents to file their pleadings and thereafter proceed to hold inquiry including by recording evidence and adjudicating on the contentions raised.

The parties are directed to appear before the tribunal on 6th April, 2018. The amount deposited by the insurance company in terms of order dated 15.07.2016 along with accrued interest thereupon and the statutory deposit shall be presently refunded.

R.K.GAUBA, J.

MARCH 09, 2018 nk MAC.APP. 519/2016