IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

M.A.

Diary No. 17908 OF 2022

IN

CIVIL APPEAL NO.9581 OF 2018

MAGMA GENERAL INSURANCE CO. LTD.

... APPELLANT(S)

VS.

NANU RAM ALIAS CHUHRU RAM & ORS.

... RESPONDENT(S)

O R D E R

Delay condoned.

Admittedly, the Motor Accidents Claims Tribunal,

Yamuna Nagar at Jagadhri as well as the High Court of

Punjab and Haryana at Chandigarh have fastened the entire

liability jointly and severally on the owner, respondent

No.3 herein and the Insurance Company, appellant herein.

This Court also while disposing of the appeal

passed the following order:

"... The Appellant-Insurance Company will pay

the full amount of compensation awarded

hereinabove to Respondent Nos.1 and 2 and can

recover 50% of the amount from Respondent

No.3."

Learned counsel for the appellant submits that the

entire compensation amount has already been disbursed to

the claimants/respondents and that the appellant has

filed an Execution Petition against the applicant before

the Motor Accident Claims Tribunal, Jagadhri.

1

Digitally signed by

Anita Malhotra

Date: 2022.11.19

12:42:32 IST

Reason:

Signature Not Verified

Having heard learned counsel for the parties and

having gone through the material placed on record, in our

considered view, it is not just and proper to recover 50%

of the compensation amount paid by the appellant-

Insurance Company to the claimants-respondents from the

applicant-respondent No.3(owner).

Hence, the execution proceedings filed by the

appellant before the MACT, Jagadhri against the

applicant-respondent No.3 (owner) is hereby quashed. The

application is accordingly allowed.

Miscellaneous Application stands disposed of.

......................J.

[S.ABDUL NAZEER]

......................J.

[C.T.RAVIKUMAR]

New Delhi;

November 18, 2022.

2

ITEM NO.48 COURT NO.3 SECTION IV

S U P R E M E C O U R T O F I N D I A

RECORD OF PROCEEDINGS

MISCELLANEOUS APPLICATION Diary No(s). 17908/2022

in C.A. No. 9581/2018

MAGMA GENERAL INSURANCE CO. LTD Petitioner(s)

VERSUS

NANU RAM ALIAS CHUHRU RAM & ORS. Respondent(s)

(IA No. 126133/2022 - CONDONATION OF DELAY IN FILING

IA No. 126139/2022 - EXEMPTION FROM FILING AFFIDAVIT

IA No. 83721/2022 - RECALLING THE COURTS ORDER)

Date : 18-11-2022 This matter was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE S. ABDUL NAZEER

HON'BLE MR. JUSTICE C.T. RAVIKUMAR

For Applicant(s)

Mr. Amit Kumar Singh, AOR

Mrs.K.Enatoli Sema,Adv.

Ms. Chubalemla Chang,Adv.

Mr. Prang Newmai,Adv.

For Appellant(s)

Mr. Siddharth, AOR

Mr. Amit Kumar Agarwal, Adv.

Mr. Garvesh Kabra, AOR

For Respondent(s)

Mr. Vikas Verma,Adv.

Ms. Sapna Verma,Adv.

Mr. Shafik Ahmed,Adv.

Mr. Mayank Chaudhary,Adv.

Mr. Tusha Chawla,Adv.

Mr. Nandlal Kumar Mishra,Adv.

Ms. Yashoda Katiyar,Adv.

Ms. Pratima Singh,Adv.

Mr. Prasenjit Sarkar,Adv.

Mr. Kaushal Yadav, AOR

3

UPON hearing the counsel the Court made the following

O R D E R

Miscellaneous Application is disposed of in terms of

the signed order.

Pending application also stands disposed of.

(ANITA MALHOTRA) (KAMLESH RAWAT)

AR-CUM-PS COURT MASTER

(Signed order is placed on the file.)

4