Oriental Insurance Co. Ltd. vs Indira Pillai & Ors.
2010 Latest Caselaw 2856 Del

     *           IN THE HIGH COURT OF DELHI AT NEW DELHI


                                                              Date of Reserve: April 19, 2010
                                                                 Date of Order: May 31, 2010
+MAC APP 2/2010
%                                                                                  31.05.2010
     Oriental Insurance Co.Ltd.                                             ... Appellant
     Through: Mr. L.K. Tyagi, Advocate

         Versus

         Indira Pillai & Ors.                             ...Respondents
         Through: Mr. S.N. Chaudhary, Advocate for R-1 to R-4



         JUSTICE SHIV NARAYAN DHINGRA

1.       Whether reporters of local papers may be allowed to see the judgment?

2.       To be referred to the reporter or not?

3.       Whether judgment should be reported in Digest?


         ORDER

1. The plea raised by the appellant insurance company that the awarded amount as

deposited by the appellant insurance company be not released in favour of claimants in

view of the judgment of Supreme Court in National Insurance Company Limited v

Vidhyadhar Mahariwala & Ors. IV(2008) ACC 714 (SC). I consider that this plea of

appellant must fail in view of the judgment of Supreme Court in United India Insurance

Co. Ltd. v Devinder Singh 2008 ACJ 1; National Insurance Co. Ltd. v Geeta Bhat & Ors

2008 ACJ 1498; and Prem Kumari & Ors. v Prahalad Dev & Ors. 2008 ACJ 776 wherein

the Supreme Court held that even in case where the driver had no driving license and

the award has been made in respect of third party claimant, the insurance company has

to pay the amount to the claimants and recover the same form the owner.

2. I, therefore, consider that the amount as deposited by insurance company be

disbursed to the claimants as awarded by the Tribunal and deposited by the insurance

CM(M) 133/2010 Vikas Sharma v. Jagdish Prasad Ram & Anr. Page 1 Of 2 company in accordance with the award. The amount lying with UCO Bank, Delhi High

Court Branch be sent to the Tribunal for disbursal of the same in accordance with the

award.

3. List this appeal for arguments and disposal in the category of "regulars" at its own

turn.

May 31, 2010                                                 SHIV NARAYAN DHINGRA J.
rd




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