Delhi High Court - Orders
Sbi General Insurance Co Ltd vs Yash Kumar Gupta & Ors on 14 December, 2022
Author: Rekha Palli
Bench: Rekha Palli
$~4
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CM(M) 316/2020 & CM APPL. 9330/2020 -Stay.
SBI GENERAL INSURANCE CO LTD ..... Petitioner
Through: Mr. Sameer Nandwani and Mr. Rohin
Singh Pande, Advs.
versus
YASH KUMAR GUPTA & ORS ..... Respondents
Through: Mr. Arun Yadav, Adv.
CORAM:
HON'BLE MS. JUSTICE REKHA PALLI
ORDER
% 14.12.2022
1. The petitioner insurance company has approached this Court assailing the interim order dated 15.01.2020 passed by the learned MACT, Vide the impugned order, the learned Tribunal has, while directing the petitioner to pay an amount of Rs.1,95,270/- in favour of the respondents alongwith interest @ 8% p.a. from the date of filing of the petition, adjourned the matter for framing of issues.
2. Learned counsel for the petitioner submits that the direction to the petitioner to pay the aforesaid sum, which was based on the legal offer of the petitioner of Rs. 92,000/-, and Rs. 93,270/- for medical expenses as per the medical bills furnished by the claimants, is wholly without jurisdiction. Once, the learned Tribunal has decided to proceed with the trial of the claim petition, no such directions could have been passed. Furthermore, since there is no longer a provision under the amended Motor Vehicles Act, which amendment came into effect on 09.08.2019 for passing of any interim award, the learned Signature Not Verified Digitally Signed By:GARIMA MADAN Signing Date:16.12.2022 12:00:45 Tribunal has erred in passing the impugned direction to the petitioner to pay to the respondents. In support of his plea, he places reliance on the decision dated 17.02.2020 in MAC.APP. 940/2019 "Bajaj Allianz General Insurance vs. Ashok Kumar and Others".
3. Learned counsel for the respondents does not dispute that the respondents have not accepted the petitioner's legal offer. He is also not in a position to deny that Section 140 of the Motor Vehicles Act, under which the Tribunal could pass an interim award, already stands repealed w.e.f. 09.08.2019, pursuant to the Motor Vehicles (Amendment) Act, 2019.
4. In the light of the aforesaid, once the learned Tribunal, after 09.08.2019, did not have jurisdiction to pass an interim award, the impugned order is wholly unsustainable. Moreover, it is the own case of the respondents that after they rejected the legal offers made by the respondents, trial in the pending claim petition is ongoing. Taking into account that trial is already ongoing in the pending claim petition, the impugned order is set aside.
5. The petition stands disposed of.
REKHA PALLI, J DECEMBER 14, 2022 acm Signature Not Verified Digitally Signed By:GARIMA MADAN Signing Date:16.12.2022 12:00:45