New India Assurance Co Ltd vs Neena Devi & Ors
2010 Latest Caselaw 4725 Del

                                                        UNREPORTABLE


*      IN THE HIGH COURT OF DELHI AT NEW DELHI


                         MAC App. No.667/2010


                                      Date of Decision: October 06, 2010


       NEW INDIA ASSURANCE CO LTD                  ..... Appellant
                      through Ms. Geetanjali Choudhary, Advocate

                   versus


       NEENA DEVI & 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)

It is not disputed by learned counsel for the appellant/Insurance

Company that though the Insurance Company has been directed to

pay the awarded amount to the claimants at the first instance, but it

has been given the right to recover the same from the owner and the

driver of the offending vehicle. It is, however, submitted by the

learned counsel that the driver of the offending vehicle was not having

a valid driving licence and as such, even at the first instance, Insurance

Company could not be held liable to pay the awarded amount.

From a perusal of the impugned award of the Motor Accident

Claims Tribunal, dated July 08, 2010, I find that aforesaid contention of

the Insurance Company that the driver was not having a valid driving

licence has been rejected. However, as there was a violation of the

provisions of Section 157(2) of the Motor Vehicles Act, 1988 on the

part of respondent No.3(b) having not informed the Insurance

Company about the death of the original insured, it has been granted

the right to recover the awarded amount from the legal

representatives of the deceased insured.

In view of the above, there is no merit in the appeal. The same

is dismissed.

REKHA SHARMA, J OCTOBER 06, 2010 ka