Prakash Krishna - (1.) -The present appeal under Section 110D of the Motor Vehicles Act, 1939, is directed against the award dated 7.8.1979, passed by the Tribunal in Claim Petition No. 101 of 1977. The respondent No. 2 herein, is a registered owner of the vehicle involved in the accident which took place on 14.11.1977. In the said accident, the respondent No. 1 received injuries as the vehicle in question dashed against her while she was going on road side alongwith her three years' minor girl. The factum of accident and the negligence of the driver of the vehicle involved in the accident is not in dispute in the present appeal, therefore, it is not necessary for this Court to notice the facts relating to the accident in detail. The Tribunal, by the impugned award, has awarded a sum of Rs. 4,900 with proportionate cost with 6% annual interest from the date of filing of the application, to the claimant-respondent.
(2.) THE grievance of the appellant, who was the owner of the vehicle, in the present appeal is limited one to the extent that the insurance company is liable to indemnify him for the sum awarded. THE contention is that the vehicle being insured with National Insurance Company Limited, the Tribunal has committed illegality in not passing the award against the said insurance company. Heard Sri Praveen Misra alongwith Sri Amit Jaitily, learned counsel for the appellant, holding brief of Sri Bharatji Agrawal, learned senior advocate and Sri A. K. Sinha, learned counsel for the insurance company. Sri A. K. Sinha, learned counsel for the respondent-insurance company submits that since only general damages was awarded against the owner of the vehicle, therefore, the insurance company is not liable to indemnify or pay the damages awarded against the owner. The said argument, on perusal of the judgment in question, is not tenable. On reading of the order of the Tribunal, it is crystal clear that a sum of Rs. 4,900 was awarded on account of injuries received by the claimant-respondent. It cannot be disputed by Sri Sinha that in case of injuries suffered, the insurance company will be liable. The case of the appellant (owner of the vehicle) from the very beginning is that the vehicle in question is insured with the insurance company, namely, National Insurance Company Limited. The said plea has not been controverted by the insurance company and there is no finding otherwise also.
(3.) IN view of the above, I find sufficient force in the appeal. The judgment and order of the court below dated 27.8.1979 is modified and it is held that the insurance company is liable to indemnify the appellant for the sum awarded by the Tribunal in Claim Petition No. 101 of 1977. It is further held that the appellant is entitled to recover the amount, if any, paid under aforestated award from the insurance company, the respondent No. 2 herein. The said insurance company shall immediately reimburse the amount within a period of one month from the date of production of certified copy of this order. In case the insurance company fails to pay the amount within the aforesaid period, it shall be liable to pay interest at the rate of 12% per annum for the subsequent period till the date of actual payment.;