Punjab-Haryana High Court
National Insurance Co Ltd vs Kesar Devi & Ors on 28 August, 2014
Author: Rajiv Narain Raina
Bench: Rajiv Narain Raina
CR No.5783 of 2014
-1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CR No.5783 of 2014
Date of Decision: 28.08.2014
National Insurance Company Ltd.
..... Petitioner
Versus
Kesar Devi and others ..... Respondents
CORAM:- HON'BLE MR. JUSTICE RAJIV NARAIN RAINA
Present: Mr. L.M. Suri, Sr. Advocate,
with Mr. Neeraj Khanna, Advocate,
for the petitioner.
1. To be referred to the Reporters or not?
2. Whether the judgment should be reported in the Digest?
RAJIV NARAIN RAINA, J.(Oral)
The Insurance Company deposited the amount of Rs.25,000/- for entertainment of its appeal before this Court against the award of compensation made by the Motor Accident Claims Tribunal, Hisar. This Court ordered the money to be remitted to the Tribunal concerned where it is sitting since 1998.
Mr. Suri, learned Senior counsel contends that appellant company has discharged its statutory obligation by depositing the said money before this Court so that its appeal could be heard. Learned counsel cites Sardara Singh vs. Durga Devi and others, 1996(1) PLR 532, a Division Bench judgment of this Court in which directions were issued to the Registry of this Court to remit the amounts deposited by the appellants under the proviso to Section 173 of the Motor Vehicles, Act 1988 to the MACTs concerned within one month from the date of the deposit. Further direction was given with respect to the verification of claims and identity of the MANJU 2014.08.29 16:30 I attest to the accuracy and integrity of this document Chandigarh CR No.5783 of 2014 -2- claimants etc. before disbursement of compensation.
It appears that the money remitted to the Tribunal has not been traced by the Registry of the Tribunal or of the movement of the files for which the appellant cannot be held responsible. By the impugned interim order dated July 10, 2014, learned MACT, Hisar has called upon the appellant company to deposit Rs.25,000/- with interest @12% within 15 days w.e.f. April 21, 1997. The order pre-supposes that the payment of money alongwith interest has to be fastened on the company when it has no continuing or recurring liability. The registry of the Tribunal should have kept its house in order.
In such circumstances, the respondent claimants should not be put to unnecessary expenditure likely to be involved if this Court were to issue summons to them by this Court and, therefore, they will remain at liberty to make an appropriate application before the MACT, Hisar for release of amount of Rs.25,000/- in their favour.
Consequently, this petition is allowed. The impugned directions are set aside. The learned MACT, Hisar would order an enquiry into the matter of loss of record of payments received from the Registry of the High Court, if not already found, and to conduct the same within one month and submit its findings in a report to the Registrar (General) of this Court.
A copy of this order be sent to the claimants by the Registry of this Court for them to take appropriate measures in protection of their money.
MACT, Hisar to act and proceed accordingly.
If there are other such cases, then those may also be looked into. MANJU 2014.08.29 16:30 I attest to the accuracy and integrity of this document Chandigarh CR No.5783 of 2014 -3- A copy of this order be sent to the respondents by the registry of this Court. A copy of this order be brought to the notice of the Registrar (General) for his action as may be deemed fit.
(RAJIV NARAIN RAINA) JUDGE 28.08.2014 manju MANJU 2014.08.29 16:30 I attest to the accuracy and integrity of this document Chandigarh