New India Assurance Co Ltd vs Master Dheeraj Kumar Jatav & Ors
2010 Latest Caselaw 4692 Del

                                                       UNREPORTABLE


*      IN THE HIGH COURT OF DELHI AT NEW DELHI


                         MAC App. No.664/2010


                                      Date of Decision: October 05, 2010


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

                   versus


       MASTER DHEERAJ KUMAR JATAV & 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

` 61,000/- 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

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