Madhya Pradesh High Court
United India Insurance Co.Ltd. vs Smt.Kranti Balmiki on 21 March, 2016
1 M.A.318/2012
21.03.2016
Shri Arvind Agrawal, counsel for the appellant.
Shri S.K. Goyal, counsel for the respondents
No.1 to 8.
Heard on I.A.No.5441/16 an application for disbursement of compensation amount.
It appears that the appellant took a plea that there was serious violation of policy condition and, therefore, Insurance Company shall not liable to pay any compensation and if compensation is disbursed then it cannot be recovered. Prima facie the Tribunal did not find any violation of the terms and conditions, however, if it is found that there was a serious of policy condition then the appellant can recover the amount of compensation from owner of the vehicle as it is to be recovered under the case of 'pay and recover' hence, liability of the owner of the vehicle does not go. If some one dies and legal representatives of the deceased are deprived to use the compensation amount then there will be no use of social law enacted for the purpose, hence, I.A.No.5441/2016 filed by the respondents No.1 to 8 can be accepted.
Consequently, application is allowed. It is directed that the respondents No.1 to 8 would be entitled to get the compensation amount deposited before the Tribunal according to the terms and conditions of Award. However, the Tribunal is directed to take undertaking 2 M.A.318/2012 from the respondents No.1 to 8 that if in appeal it is directed that the Award amount be returned then they will returning the amount as per direction. Disbursement of amount be done according to the terms and conditions of the Award.
It appears that the record of the Tribunal is not available.
Office is directed to call for the record of the Tribunal and to annex in the case file.
Matter be listed for final hearing in due course.
(N.K. Gupta)
mani Judge