Jagdish Singh v. The New India Assurance Company Ltd Through Its Manager And ORS




IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH **** FAO No.2524 of 2019 (O&M) Date of Decision: 22.05.2019 Jagdish Singh Appellant

Versus

The New India Assurance Company Ltd. And others Respondents CORAM: HON'BLE MR. JUSTICE AVNEESH JHINGAN

Present:

Mr. Rajbir Singh Mundra, Advocate for the appellant.

Mr. Paul S. Saini, Advocate for respondent No.1.

**** AVNEESH JHINGAN, J (Oral):

The award dated 21.04.2016 passed by the Motor Accident Claim Tribunal, Chandigarh [for brevity 'the Tribunal'] has been assailed by owner of Truck bearing registration No. HR-37B2851 [hereinafter referred to as 'offending vehicle']. The grievance raised in the present appeal is that the Tribunal wrongly awarded recovery rights to the insurer of the offending vehicle in the concluding paragraph of the award.

The driver, insurer (i.e. The New India Assurance Company Ltd.) of the offending vehicle and claimants are the respondents.

The factum of accident is not disputed by the parties. A

 motor vehicular accident took place on 15.12.2015, same proved fatal for Chaman Lal. The accident was result of the rash and negligent driving of the offending vehicle. The Tribunal awarded
27,00,760/- alongwith interest @ 7.5% per annum. The Tribunal framed following issues:

   

         

  




   

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 * +,& 1 &- The controversy involved in the present appeal is with regard to issue No.3. The Tribunal recorded the following findings on issue No.3 :

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 The disputed portion of concluding paragraph is reproduced as under:- "3     9#    #   #     3  $    "   - 

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8 Learned counsel for the appellant argues that there is error in the award passed by the Tribunal as the above quoted conclusion is not in accordance with the findings recorded by the Tribunal.

There is no challenge by either of the parties with regard to findings of issue No.3 quoted above, in such circumstances, conclusion recorded cannot be sustained. The award is modified to the extent that respondents shall be jointly and severally liable to pay the compensation.

The appeal is allowed.

The appellant shall take appropriate steps for refund of the statutory amount.

[AVNEESH JHINGAN] JUDGE May 22, 2019   9 9

1. Whether speaking/ reasoned :

Yes

2. Whether reportable :

No