MAC.APP./452/2010 of NATIONAL INSURANCE CO LTD Vs HALEEMA BEGUM & ORS

* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ MAC APP. No.452/2010

Date of decision:17[th] July, 2012

NATIONAL INSURANCE CO. LTD. ..... Appellant Through: Mr.Pankaj Seth, Advocate

Versus

HALEEMA BEGUM & ORS. Through: None.

..... Respondents

CORAM: HON'BLE MR. JUSTICE G.P.MITTAL

J U M N T

G. P. MITTAL, J. (ORAL)

1.The Appellant National Insurance Co. Ltd. impugns judgment dated 06.01.2010 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby compensation of `3,63,200/- was awarded for the death of Mohd. Mohsin who is alleged to have died in motor vehicle accident which occurred on 24.10.2006. dated 06.01.2010 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby compensation of `3,63,200/- was awarded for the death of Mohd. Mohsin who is alleged to have died in motor vehicle accident which occurred on 24.10.2006.

2.In the Claim Petition it was averred that the motorcycle No.DL-8SAH-3830 which was involved in the accident was being 8SAH-3830 which was involved in the accident was being

driven by the Third Respondent (Faheemuddin) at the time of the accident. The police, however, filed closure report on the ground that the deceased was driving the motorcycle. The Claims Tribunal before proceeding to award compensation under Section 163-A of the Motor Vehicles Act, 1988(the Act) was required to give finding as to who was driving the motorcycle involved in the accident at the time of the accident. It is well-settled (Ningamma & Anr. v. United India Insurance Company Limited, (2009) 13 SCC 710 and Oriental Insurance Co. Ltd. v. Rajni Devi & Ors., (2008) 5 SCC 736) that borrower of vehicle steps into the shows of the owner and would not be entitled to compensation.

3.In the circumstances, the impugned judgment is set aside and the case is remanded back to the Trial Court with direction to give finding as to who was driving the vehicle at the time of accident and then proceed to determine compensation in accordance with the law. the case is remanded back to the Trial Court with direction to give finding as to who was driving the vehicle at the time of accident and then proceed to determine compensation in accordance with the law.

4.Parties are directed to appear before the Trial Court on 17.08.2012. 17.08.2012.

5.The award amount was deposited with the Registrar General of this Court in pursuance of the order dated 15.09.2010. It is stated by the learned counsel for the Appellant that the award amount has not been withdrawn by the Claimants. Since the impugned award has been set aside, the amount of this Court in pursuance of the order dated 15.09.2010. It is stated by the learned counsel for the Appellant that the award amount has not been withdrawn by the Claimants. Since the impugned award has been set aside, the amount of

compensation deposited shall be refunded to the Appellant Insurance Company.

6.The statutory amount of `25,000/- shall be refunded to the Appellant Insurance Company through counsel. Appellant Insurance Company through counsel.

7.Pending Applications stand disposed of.

JULY 17, 2012 pst

(G.P. MITTAL) JUDGE