ORIENTAL INSURANCE COMPANY LTD v. SONIA DEVI AND ORS
CMP/787/2026 · 2026-03-20
Bipin Chander Negi
body2022
DailyLaw.ai
[ 2022 DAILYLAW 904 (HP) · dailylaw.ai ]
DailyLaw.ai
[ 2022 DAILYLAW 904 (HP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
OIC vs. Sonia Devi and others
FAO No.167 of 2022
20.03.2026 Present: Mr. Sambhav Bhasin, Advocate, for the appellant. Mr. Mohit Jaitak, Advocate through video conferencing, for respondent No.1 & 5/applicants.
Ms. Shashi Kiran, Advocate, as Court Guardian, for respondents No.2 to 4. Ms. Tamanna Sharma, Advocate, vice Ms. Rachna Kuthiala, Advocate, for respondents No.6 & 7. CMP No.787 of 2026 The accident, in the case at hand, had taken place on
05.11.2020. The deceased was the husband of applicant No.1 and the son of applicant No.2, i.e., respondent No.5. On account of his death, the Motor Accidents Claims Tribunal had awarded a sum of Rs.32,54,000/-. The said amount was to carry an interest at the rate of 6% per annum from the date of filing of the petition till its realization. Litigation cost had also been awarded. As per the award, the amount of compensation was ordered to be equally apportioned amongst the applicants and three minor children. Till date, no amount has been released in favour of the legal heirs of the deceased. In the application for release, it is submitted that the deceased was the sole bread earner of the family. While arguing, it is further submitted that the money is required for the education, medical and general needs of the family. The application is vehemently opposed by the counsel appearing on behalf of the non-applicant/appellant/Insurance
Company, in the case at hand, upon whom the liability has been fastened. The sole contention urged is on the merit of the matter and specifically with respect to the Driving Licence of the Driver of the ill fated vehicle, in question. From perusal of the award, it appears that the issue qua the Driving Licence of the ill fated vehicle has been appropriately dealt with. Besides the aforesaid, the necessary requisite documents of the bus, in the case at hand, also appear to be in order. Keeping in view the aforesaid, the present application is allowed. Both the applicants are held entitled to 50% of their share(s) along-with proportionate interest accrued there upon. The same be remitted in the bank account of the applicants, detailed in Paragraph-4 of the application, subject to proper verification of their identities. The application stands disposed of.
( Bipin C. Negi ) March 20, 2026 (KS)
Judge