FAO/356/2012 on 30 December 2016

IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA

FAO (MVA) No. 356 of 2012.

Date of decision: 30th December, 2016.

National Insurance Co. Ltd. …..Appellant

Versus Beena Devi and others ..…Respondents.

Coram:

The Hon’ble Mr. Justice Mansoor Ahmad Mir, Chief Justice.

Whether approved for reporting ?1 No.

For the appellant: Mr. Rajesh Kumar, proxy Advocate. For the respondents: Mr. Abhay Kaushal, proxy Advocate, for respondents No. 1 to 4. _________________________________________________

Mansoor Ahmad Mir, Chief Justice, (Oral).

Learned proxy counsel for respondents No. 1 to 4 stated at the Bar that issue involved in this appeal is already determined by this Court in FAO No. 80 of 2007 titled National Insurance Co. Ltd versus Jyoti Ram and another, arising out of the same accident, whereby and whereunder the insurer stands saddled with the liability. He further prayed that the amount awarded is adequate and the insurer be saddled with the liability. His statement is taken on 1 Whether the reporters of Local Papers may be allowed to see the judgment ?.

record. He has also produced copy of the judgment referred to supra, across the Board, made part of the file.

2. I have gone through the judgment dated 20th March, 2015 passed in FAO No. 80 of 2007 supra. In the said judgment, the insurer has been saddled with the liability.

3. I have also gone through the impugned award. It appears that the amount awarded is meager but is reluctantly upheld.

4. Accordingly, the impugned award is upheld and the appeal is dismissed. The judgment referred to supra, shall form part of this judgment also.

5. Insurer is directed to deposit the amount alongwith interest, as awarded by the Tribunal, within eight weeks from today in the Registry, if not already deposited. The Registry, on deposit, is directed to release the amount in favour of the claimants, strictly in terms of the conditions contained in the impugned award, through payees’ cheque account, or by depositing the same in their bank accounts, after proper verification.

6. Send down the record forthwith, after placing a copy of this judgment.

December 30, 2016.

(Mansoor Ahmad Mir) (cm Thakur)

Chief Justice.