New India Assurance Co Ltd vs Baby Kotil & Ors

Citation : 2010 Latest Caselaw 4693 Del
Judgement Date : 5 October, 2010

Delhi High Court
New India Assurance Co Ltd vs Baby Kotil & Ors on 5 October, 2010
Author: Rekha Sharma
                                                       UNREPORTABLE


*      IN THE HIGH COURT OF DELHI AT NEW DELHI


                         MAC App. No.666/2010


                                      Date of Decision: October 05, 2010


       NEW INDIA ASSURANCE CO LTD                ..... Appellant
                      through Mr. Kanwal Choudhary, Advocate

                   versus


       BABY KOTIL & ORS                               ..... Respondents
                      through None


       CORAM:
       HON'BLE MISS JUSTICE REKHA SHARMA

1.     Whether the reporters of local papers may be allowed to see the
       judgment? No
2.     To be referred to the reporter or not? No
3.     Whether the judgment should be reported in the 'Digest'? No

REKHA SHARMA, J. (ORAL)

The Motor Accident Claims Tribunal has awarded a sum of ` 3,71,616/- to the claimant along with interest thereon @ 7.5% per annum with a direction to the Insurance Company to pay the awarded amount, though it has been granted the right to recover the same from respondents No.2 to 4.

The learned counsel for the Insurance Company states that he is not praying for stay of the impugned award and that the awarded amount shall be paid by the Insurance Company to the claimant. His only grievance is that the Insurance Company was liable to be fully MACA No.666/2010 Page 1 of 2 exonerated and ought not to have been asked to pay the awarded amount not even at the first instance.

Having regard to the fact that the Insurance Company is ready and willing to pay the awarded amount to the claimant and in view of the order of the Tribunal granting to it the right to recover the awarded amount from respondents No.2 to 4, I see no purpose in admitting the appeal. The same has no merit and is dismissed as such.

REKHA SHARMA, J OCTOBER 05, 2010 ka MACA No.666/2010 Page 2 of 2