Punjab-Haryana High Court
United India Insurance Company Ltd. vs Lt. Col. Balwant Singh And Ors. on 13 August, 2004
Equivalent citations: I(2005)ACC829, (2005)139PLR298
Author: Hemant Gupta
Bench: Hemant Gupta
ORDER Hemant Gupta, J.
1. Since the issue is regarding the maintainability of appeal and covered by the judgment of Hon'ble Supreme Court, therefore, with the consent of the learned counsel for the parties, this court proceeds to decide the appeal itself.
2. The learned Motor Accident Claims Tribunal (hereinafter referred to as the Tribunal) vide its award dated 15.6.1998 awarded compensation of Rs. 5 lacs to the claimant respondent. Aggrieved against the said award Insurance Company of Car No. PCF-9491 filed the present appeal although the claim application was contested by the owner of the vehicle before the learned Tribunal. This Court earlier on 7.5.2001 dismissed the present appeal on behalf of the Insurance Company as not maintainable relying upon the judgment of Hon'ble Supreme Court reported in Chinnama George and Ors. v. N.K. Raju and Anr. (2000-2)126 P.L.R. Delhi 1.
3. However, subsequently on an application filed by the appellant, the order was recalled in view of the judgment of Hon'ble Supreme Court in United India Insurance Co. Ltd. v. Bhushan Sachdeva and Ors., (2002-1)130 P.L.R. 436. Respondent-claimant has now moved and an application for vacation of stay inter-alia on the ground that the judgment on the basis of which the order of dismissal of appeal as not maintainable was recalled has been over ruled by the Supreme Court in a judgment National Insurance Company Ltd. v. Nicolletta Rohtagi and Ors. (2002-3)132 P.L.R. 621. It has been held that the appeal on behalf of the Insurance Company is not maintainable.
4. After hearing the learned counsel for the parties and going through the judgments aforesaid, it is apparent that the appeal on behalf of the Insurance Company is not maintainable in view of the latest judgment of Hon'ble Supreme Court in National Insurance Company's case (supra). The argument that the award is highly excessive can not be gone into an appeal filed by the Insurance Company as such appeal itself is not maintainable.
5. Consequently, the appeal is dismissed.
6. However, the amount of Rs. 25,000/- deposited by the appellant at the time of filing of appeal shall be disbursed to the claimant in accordance with law.