Judgment · High Court

HON’BLE MR. JUSTICE K.S. RATHORE Mr. Vizzy Agarwal for the appellant. Mr. Ram Singh for the respondents. **** The present civil misc. appeal under Section 173 of the Motor Vehicle Act, 1988 is filed by the appellant National Insurance Company Ltd. against the impugned Award dated 26.02.2003 passed by the Motor Accident Claims Tribunal, Jhunjhunu (for short 'the Tribunal') in Claim Petition No. 357/2000, whereby the respondent Nos. 2 and 3 and the appellant have been held liable jointly and severally to pay a compensation to the tune of Rs. 30,000/- to the claimant/respondent No. 1 along with interest @ 9 % p.a. on a sum of Rs. 5,000/- from the date of institution of the claim petition i.e. 21.09.2000 till the date of payment. The grounds taken here in this appeal have already been taken before the Tribunal and the same has been considered and right of recovery is given to the Insurance Company. Hon'ble Supreme Court in the case of [2] Oriental Insurance Co. Ltd. Vs. Brij Mohan & Ors., reported in AIR 2007 SC 1971, has held that the award may be satisfied by the appellant but it would be entitled to realize the same from the owner of the tractor and the trolley wherefor it would not be necessary for it to initiate any separate proceedings for recovery of the amount as provided for under the Motor Vehicles Act. Since the relief as claimed here in this appeal has already been granted by the Tribunal itself and having considered the other submissions which are raised here in this appeal, this Court do not find any good reason to interfere in the impugned Award as the compensation awarded in favour of the claimant-respondent by the Tribunal to the tune of Rs. 30,000/- cannot said to be excessive as the Tribunal has awarded just and reasonable compensation and given liberty to the appellant Insurance Company to recover the same from the owner of the vehicle in question as indicated in the judgment rendered by the Hon'ble Supreme Court in the case of Oriental Insurance Co. Ltd. Vs. Brij Mohan & Ors. (supra). Consequently, the present appeal fails and the same is hereby dismissed. The stay application also stands dismissed. (K.S. RATHORE)J. /KKC/ (DJ)