National Insurance Co. vs Jaswant Singh & Ors
2009 Latest Caselaw 2571 Del

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,

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