Shriram General Insurance Co Ltd v. Abbas And ORS

In the High Court of Punjab and Haryana, at Chandigarh F.A.O. No. 3240 of 2021 (O&M) Date of Decision: 30.11.2021 SHRIRAM General Insurance Company Limited ... Appellant(s)

Versus

Abbas and Others ... Respondent(s) CORAM: Hon'ble Mr. Justice Anil Kshetarpal.

Present:

Mr. Sanjeev Kodan, Advocate for the appellant(s).

Anil Kshetarpal, J.

1.

The insurance company assails the correctness of the award passed by the Motor Accidents Claims Tribunal (hereinafter referred to as "the Tribunal") dated 18.03.2021. Through this appeal, the appellant challenges the award of ₹ 2,77,355/- in favour of Sh. Abbas, on account of damage to the vehicle, in an automobile accident. 2.

The learned counsel representing the appellant contends that the insurance company has "No Objection" to the payment of the amount if Sh.Abbas furnishes the relevant documents. He further submits that the claim petition, itself, was not maintainable as Sh. Abbas was not a third party.

3.

It is noted here that the insurance company did not object to the maintainability of the petition before the Tribunal. The learned counsel representing the appellant also does not dispute that Sh. Abbas is entitled to the amount and is willing to make the payment, however, he requires DEEPAK KUMAR BHARDWAJ 2021.12.06 10:51 I attest to the accuracy and integrity of this document

F.A.O. No. 3240 of 2021 (O&M) Sh.Abbas to fulfill certain formalities.

4.

Keeping in view the aforesaid facts, the argument of the learned counsel is purely academic and therefore, this Court is of the opinion that the appeal is required to be disposed of by keeping the question open. 5.

With the observations made above, the present appeal is disposed of.

(Anil Kshetarpal) Judge November 30, 2021 "DK"

Whether speaking/reasoned :Yes/No Whether reportable : Yes/No DEEPAK KUMAR BHARDWAJ 2021.12.06 10:51 I attest to the accuracy and integrity of this document