National Insurance Co. Ltd. vs Kalawati Bhatt& Ors.
2010 Latest Caselaw 1341 Del

14
*IN THE HIGH COURT OF DELHI AT NEW DELHI

                  +       MAC.APP.No.591/2009

                               Date of Decision: 10th March, 2010
%

      NATIONAL INSURANCE CO. LTD.      ..... Appellant
                    Through Mr.Mirza Alam Beg for Ms.
                    Sonia Sharma, Adv.

                      versus

      KALAWATI BHATT& ORS.        ..... Respondents
                   Through Mr. Atul R. Adv. for R-1 & 2.
                   Ms. Shashi Thakur, Adv. for R-3.



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

1.      Whether Reporters of Local papers may               NO
        be allowed to see the Judgment?

2.      To be referred to the Reporter or not?              NO

3.      Whether the judgment should be                      NO
        reported in the Digest?

                          JUDGMENT (Oral)

CM No.17440/2009(Delay)

1. For the reasons stated in the application, the delay in

filing the appeal is condoned.

2. The application stands disposed of.

MAC.APP.No.591/2009

1. The appellants have challenged the award of the

learned Tribunal whereby compensation of Rs.12,73,000/-

has been awarded to the claimants.

2. The accident dated 15th March, 2005 resulted in the

death of Deepak Bhatt. The deceased was survived by

his parents, who filed the claim petition before the learned

Tribunal.

3. The offending vehicle was owned and driven by

respondent No.3 who has admitted before this Court on 16 th

December, 2009 that the offending vehicle was not insured

at the time of the accident. In that view of the matter, the

appellant could not be held liable in the present case.

4. The learned counsel for respondent No.3 does not

dispute of the vehicle was not insured at the time of the

accident.

5. The appeal is allowed and the impugned award is

modified to the extent that appellant shall not be liable to

pay the award amount to the claimants. Respondent No.3

shall be liable to pay the entire award amount along with

interest thereon to claimants/respondents No.1 and 2.

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

for the parties under signatures of Court Master.

CM No.17439/2009

The application does not survive and is disposed of.

J.R. MIDHA, J MARCH 10, 2010 HL