REPORTABLE

  IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.   1979     OF 2009 (Arising out of SLP(C)No. 7466/2005)

New India Assurance Co.Ltd. ...Appellant(s)

Versus

Satbir and Ors. ...Respondent(s)

J U D G M E N T

Dr. ARIJIT PASAYAT, J.

1. Leave granted.

2     Challenge in these appeals is  the order passed by the Division  

Bench of the Punjab and Haryana High Court dismissing the appeal filed  

by  the  appellant.   The  Ist  FAO  5130/2003  was  filed  by  the  present  

appellant.   Both  the  appeals  were  filed  by  the  present  appellant  

(hereinafter referred to as an Insurance Company).

-2-

3    Challenge was to the order passed by the Motor Accident Claims  

Tribunal, Hissar (in short MACT). The basic challenge was that the MACT  

while  dealing  with  the  claim  petition  filed,  categorically  hold  that  the  

accident  took  place  due  to  the  contributory  negligence  of  TATA 407  

vehicle and the bus driver of Haryana Roadways.

4. It is  case of the appellant that there was some mistakes in the  

order  of  the  MACT  as  both  the  present  appellant  and  the  National  

Insurance Co. Ltd. (in short the National Insurance  were treated to be  

respondents Nos.4 and 5 in the claim petition No.80.  It is also pointed  

out that having held that there was contributory negligence the ultimate  

direction of the MACT was as follows:

“As  held  above,  since  it  is  a  case  of  contributory  

negligence,  the  petitioner  are  entitled  to  recover  a  sum  of  

Rs.1,50,000/- as compensation in equal shares due to the death  

of  Rajesh  in  the  ill-fated  accident.   All  the  Respondents  are  

liable to pay this amount of compensation jointly and severally.

-3-

5. It is pointed out that if at all the amount was to be paid in respect  

of the death of Rajesh who was the deceased and the driver of the TATA  

407 vehicle, the liability of the appellant – Assurance Company would be  

half  of  the  amount  awarded  i.e.  Rs.75,000/-  out  of  Rs.1,50,000/-.   It  is  

pointed  out  that  the  owner  and  the  insurer  of  the  vehicle  were  not

impleaded as party in the claim petition.  That being so, the question of  

their being liable for any amount in respect of the accident in respect of  

driver of the vehicle TATA 407 bearing registration No.HR-39-8008 does  

not arise.   It  appears  that  the High Court  has not taken note of these  

relevant aspects.  In the special circumstance we set aside the impugned  

order of the High Court and remit the matter back for fresh consideration.

6    The appeal s disposed of with no order as to costs.

7   It is to be noted that except National Insurance Company no other  

respondent has appeared in the appeal.

                        ................  .J.               (Dr. ARIJIT PASAYAT)

                  ...................J.                                         (ASOK KUMAR GANGULY)   New Delhi,

March 27, 2009.

REPORTABLE

  IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.  1982   OF 2009

(Arising out of SLP(C)No. 7471/2005)

New India Assurance Co.Ltd. ...Appellant(s)

Versus

Sanjay Kumar and Ors. ...Respondent(s)

J U D G M E N T

Dr. ARIJIT PASAYAT, J.

1      Leave granted.

2      The order passed today in the C.A. .../2009 arising out of SLP(C) No.  

7466/2005  would  have  relevance  so  far  as  for  the  present  appeal  is  

concerned.   The  basic  issue  is  that  in  respect  of  an  own  damage  claim  

relating to the vehicle a TATA 407 neither the insurer was not made a party  

but the concerned MACT fixed  the liability on the appellant.  This aspect has  

not  been  considered  by  the  Division  Bench  of  the  High  Court  which  

dismissed the appeal filed by the appellant.

-2-

3      As has been done in the case of the connected appeal we set aside the  

impugned  order  and  remit  the  matter  to  the  High  Court  for  fresh  

consideration.

4      The appeal is disposed of accordingly.

                        ................  .J.               (Dr. ARIJIT PASAYAT)

                  ...................J.                                         (ASOK KUMAR GANGULY) New Delhi, March 27, 2009.