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SMT. KAMLA AND OTHERS versus BACHAN SINGH AND OTHERS

High Court of Judicature at Allahabad

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Smt. Kamla And Others v. Bachan Singh And Others - WRIT - C No. 21150 of 2004 [2005] RD-AH 2723 (12 September 2005)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

                                                                                                        Court No.38

Civil Misc. Writ Petition No.   21150 of 2004

Smt. Kamla and others          Vs.            Bechan Singh and others

Hon'ble Vineet Saran, J

I have heard Sri Ashok Kumar Singh, learned counsel for the petitioner as well as Sri V.K.Birla, learned counsel appearing on behalf of Respondent no.3 and have perused the record.

In an accident which took place in the year 1996 some persons had died. The dependants of such persons filed separate claim petitions before the Motor Accident Claims Tribunal, Kannauj. The said claim petitions had been allowed by a common award. By the said award certain amounts were found payable by the owner of the vehicle. A categorical finding had been recorded in the award that it could not be proved that the bus with which the accident had taken place, was insured with the respondent-National Insurance Company. The petitioners herein were claimants in different claim petitions filed before the Motor Accident  Claims Tribunal, Kannauj. They then filed application on 31.10.2002 before the Motor Accident Claims Tribunal for initiating recovery proceedings against the Insurance Company with the prayer that the liability of payment of award may be shifted from the owner to the Insurance Company. The said application has been dismissed by the Tribunal vide its order dated 29.11.2003. Aggrieved by the said order the petitioners have filed this writ petition for quashing the order dated 29.11.2003 and a further prayer has been made for a direction in the nature of mandamus commanding the Respondent no.3-National Insurance Company "to make payment of the awarded amount by way of shifting the liability of payment from respondent no.1 to respondent no.3 vide the award dated 6.9.2000 passed by M.A.C.T./District Judge, Kannauj".

The award dated 6.9.2000 has become final. No appeal has been filed by the petitioners challenging the said award. Consequently the finding arrived at by the Motor Accident Claims Tribunal with regard to the liability of the Insurance Company has become final. In such view of the matter the prayer made in this writ petition that the liability for making payment of the awarded amount be shifted to the Insurance Company which the Insurance company may thereafter recover from the owner, cannot be granted and in my view the application has rightly been rejected by the Tribunal vide its order dated 29.11.2003. Further the petitioners are claimants in different claim petitions and have jointly filed this application which is also not be permissible under law.

Accordingly, this writ petition lacks merit and is dismissed. No order as to cost.

Dt/- 12.9.2005

dps


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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