National Insurance Co. Ltd vs Beena & Ors.
2009 Latest Caselaw 2753 Del

13
*IN THE HIGH COURT OF DELHI AT NEW DELHI

                   +       MAC.APP.No.536/2008

                                    Date of Decision: 21st July, 2009
%

      NATIONAL INSURANCE CO. LTD          ..... Appellant
                    Through : Mr. Pradeep Gaur, Adv.

                       versus

      BEENA & ORS.                                ..... Respondents
                            Through : None.


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

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

2.      To be referred to the Reporter or not?                 YES

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


                           JUDGMENT (Oral)

MAC.APP. 536/2008 and CM No.15302/2008

1. The appellant has challenged the award of the learned

Tribunal whereby compensation of Rs.2,50,000/- has been

awarded to the claimants.

2. The learned Tribunal has passed the award against the

appellant. The learned Tribunal has further held that there

was violation of the permit by the insured and, therefore,

recovery rights have been given to the appellant to recover

the award amount from the insured on the ground that there

had been violation of the permit conditions by the insured.

3. According to the learned counsel for the appellant, the

insured was holding a permit of the offending bus for route

No.355. However, the bus was being plied on route No.701

and there was no valid permit for the said route.

4. The only ground urged by the learned counsel for the

appellant at the hearing of this appeal is that the appellant

should be absolved from any liability to pay the award

amount to the claimants.

5. I do not agree with the contention of the learned

counsel for the appellant. Admittedly, there is a valid permit

to ply the bus. For the minor violation of the bus plying on

some other route, the appellant shall remain primarily liable

to pay the award amount to the claimants and to recover it

thereafter from the insured. The learned Tribunal has

already given the recovery rights to the appellant which is in

accordance with the law. The impugned award does not call

for any interference.

6. The appeal is dismissed.

7. The appellant has deposited the entire award amount

along with interest with the Registrar General of this Court in

terms of the order dated 21st November, 2008. The stay on

the release of the award amount to the claimants is vacated.

8. Notice be issued to claimants/respondents No.1 and 2

so that they can withdraw the award amount from this Court.

The Court notice be also issued to the learned counsel for the

claimants before the learned Tribunal.

9. List for further orders regarding release of the award

amount to the claimants on 9th September, 2009.

10. The statutory amount of Rs.25,000/- be released to the

appellant through counsel by the Registry within four weeks.

11. Copy of this order be given 'Dasti' to learned counsel

for the appellant under the signature of Court Master.

J.R. MIDHA, J

JULY 21, 2009 aj