National Insurance Co. vs Jaswant Singh & Ors

6
*IN THE HIGH COURT OF DELHI AT NEW DELHI

                   +       MAC.APP.No.656/2007

                                  Date of Decision: 10th July, 2009
%

      NATIONAL INSURANCE CO.                ..... Appellant
                    Through : Mr. S.L. Gupta, Adv.


                       versus


      JASWANT SINGH & ORS                        ..... Respondents
                   Through : None.


CORAM :-
THE HON'BLE MR. JUSTICE J.R. MIDHA

1.      Whether Reporters of Local papers may
        be allowed to see the Judgment?

2.      To be referred to the Reporter or not?

3.      Whether the judgment should be
        reported in the Digest?


                           JUDGMENT (Oral)

1. The appellant has challenged the award of the learned Tribunal whereby compensation of Rs.6,05,000/- has been awarded to the claimants.

2. The accident dated 14th August, 2004 resulted in the death of Gurdeep Singh. The deceased was survived by his parents and unmarried sister who filed the claim petition before the learned Tribunal.

3. The learned Tribunal passed an award for Rs.6,05,000/- in favour of the claimant and against the appellant. However, MAC .APP.No.656/2007 Page 1 of 3 the recovery rights were given to the appellant to recover the award amount from respondent Nos.4 and 5 on the ground that the driver was not authorized to drive goods vehicle.

4. The appellant has challenged the impugned award on the short ground that the appellant is not at all liable to pay award amount to the claimants because the driver of the offending vehicle was holding a valid driving licence No.RJ08/DLC/2003/926 dated 16th October, 2003 for driving light motor vehicle but there was no endorsement on the said licence to drive the goods vehicle.

5. It is well settled that for aforesaid violation, the Insurance Company would be liable to pay award amount in the first instance to the claimants and is entitled to recovery rights against the driver and owner of the offending vehicle.

6. In the present case, the learned Tribunal has given the recovery rights to the appellant against the owner and driver of the vehicle and, therefore, there is no infirmity whatsoever in the finding of the learned Tribunal.

7. The appeal is dismissed.

8. The appellant has deposited the entire award amount with the Registrar General of this Court in terms of the order dated 5th November, 2007. The Registrar General is directed to transfer/remit the entire award amount along with up to date interest to the learned Tribunal for being disbursed to the claimants in terms of the award.

9. The statutory amount of Rs.25,000/- be refunded to the appellant after satisfaction of the entire award amount and the proof of the satisfaction of the entire amount being filed on record.

J.R. MIDHA, J JULY 10, 2009 mk MAC .APP.No.656/2007 Page 3 of 3