Rajasthan High Court - Jodhpur
Hdfc Ergo Gen. Insurance Co. Ltd vs Umesh Kumar & Anr on 9 December, 2013
Author: Arun Bhansali
Bench: Arun Bhansali
1
S.B. CIVIL MISC.APPEAL NO. 139/2013
HDFC ERGO GEN. INSURANCE CO. LTD.
VS.
Umesh Kumar & Ors.
Date of Order :: 9.12.2013
HON'BLE MR. JUSTICE ARUN BHANSALI
Mr. Vinay Kothari, for the appellant/s.
Mr. R.S. Mankad, for the respondent No.1.
.......
This appeal is directed against interim award dated 1.11.2013 passed by Motor Accident Claims Tribunal, Udaipur ('the Tribunal'), whereby the Tribunal has awarded a sum of Rs. 25,000/- to the claimant-respondent no. 1.
It is submitted by learned counsel for the appellant that the vehicle involved in the accident was not insured with the appellant-Insurance Company on the date of accident and therefore, the interim award under Section 140 of the Motor Vehicle Act, 1988 ('the Act') could not have been passed by the Tribunal.
Learned counsel for the respondent submits that at the stage of passing of the award under Section 140 of Act, this aspect cannot be examined and therefore, the order impugned does not call for any interference.
This Court while admitting the appeal on 18.1.2013 ordered that the appellant-Insurance Company may deposit the amount of award with the Tribunal, however, the said amount be not disbursed to the claimant.
Having heard learned counsel for the parties, in the peculiar circumstances of this case and in view of the fact that interim order has already been passed by this Court, ends of 2 justice would meet, if the order dated 18.1.2013 passed by this court is confirmed to last till the disposal of the application for compensation ('the application') by the Tribunal and the Tribunal is directed to decide the claim petition without being prejudiced by the order passed by this court on 18.1.2013 and/or being passed today and till such time, the amount deposited by the Insurance Company be placed in Fixed Deposit.
Consequently, the appeal is disposed of with the direction to the Tribunal to decide the application expeditiously; the interim order dated 18.1.2013 passed by this Court, whereby appellant-Insurance Company was required to deposit the amount of award dated 1.11.2012, however, the same was ordered not to be paid to the claimant is confirmed to last disposal of the application; the Tribunal shall not be prejudiced by the order dated 18.1.2013 and the order passed today; and the amount deposited by the Insurance Company be placed in Fixed Deposit with the Bank.
The stay application also stands disposed of accordingly.
(ARUN BHANSALI), J.
taruna/53