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Delhi High Court

National Insurance Co.Ltd vs Ld. Mact Judge & Ors. on 12 December, 2012

Author: G.P. Mittal

Bench: G.P.Mittal

*     IN THE HIGH COURT OF DELHI AT NEW DELHI
                                        Date of Decision: 12TH December, 2012
+     CM(M). 1264/2012
      NATIONAL INSURANCE CO.LTD.                                   ..... Petitioner
                             Through:     Mr.S.L.Gupta, Advocate
                    versus
      LD. MACT JUDGE & ORS.                                   ..... Respondents
                             Through:     None
      CORAM:
      HON'BLE MR. JUSTICE G.P.MITTAL
                                 JUDGMENT

G. P. MITTAL, J. (ORAL)

1. This Petition under Article 227 of the Constitution of India is directed against an order dated 01.06.2012 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby the Claims Tribunal observed that Mr.I.K.Kanwadia, Administrative Officer, Insurance Company was casual in his approach in moving the Application before the Claims Tribunal requesting for stay of the execution of the judgment dated 09.02.2012.

2. In fact, on behalf of the Appellant Insurance Company Mr.I.K.Kanwadia had represented that the Appellant was in the process of preferring an Appeal against the award dated 13.03.2012, and therefore, the amount attached may not be disbursed to the Claimant.

3. The Claims Tribunal observed that the Claimant was in a critical condition and thus, the Petitioner Insurance Company ought to have acted CM(M).1264/2012 Page 1 of 3 with some sense of urgency and complied with the order directing the deposit of the award amount within thirty days.

4. It is urged by the learned counsel for the Petitioner Insurance Company that the award was passed by the Claims Tribunal on 09.02.2012. The Petitioner Insurance Company applied for certified copy of the judgment on 18.02.2012 which was ready only on 11.04.2012. The Petitioner immediately sought opinion from its Advocate. The Appeal was ready in the month of June and was filed in this Court on re-opening within the period of limitation.

5. It is further stated by the learned counsel for the Petitioner that in the Appeal filed by it notice has been ordered to be issued to the Claimant and only 50% of the award amount was ordered to be released in his favour.

6. It is true that the Appellant Insurance Company must show some sense of urgency when the compensation is awarded to a victim or legal representatives of a victim of a motor vehicle accident. At the same time, the Claims Tribunal ought not to have concluded that the Application filed was frivolous.

7. The observation of the Claims Tribunal that Mr.I.K.Kanwadia, Administrative Officer, should not be given any sensitive assignment simply on the ground that he moved an Application for stay of the judgment dated 09.02.2012 was absolutely not warranted.

8. The observations against Mr.I.K.Kanwadi, Administrative Officer, are expunged.

9. The impugned order cannot be sustained; the same is accordingly set aside.

10. The Petition is allowed in above terms.

11. Statutory amount of `25,000/-, if any, shall be refunded to the Appellant Insurance Company.

12. Pending Applications stand disposed of.

(G.P. MITTAL) JUDGE DECEMBER 12, 2012 v CM(M).1264/2012 Page 3 of 3