Icici Lombard General Insurance ... vs Hari Singh & Ors.
2012 Latest Caselaw 5108 Del

$~15
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

                                        Date of decision: 29th August, 2012

+        MAC. APP. No.123/2011

         ICICI LOMBARD GENERAL INSURANCE COMPANY LTD.
                                     ..... Appellant
                       Through: Ms. Suman Bagga, Advocate.


                        Versus


         HARI SINGH & ORS.                    ..... Respondents
                       Through:          Mr. R.L. Sharma, Advocate for the
                                         Respondent No.1.
                                         Mr. Chandan Malik, Advocate for the
                                         Respondent No.3

         CORAM:
         HON'BLE MR. JUSTICE G.P.MITTAL

                                 JUDGMENT

G. P. MITTAL, J. (ORAL)

1. In view of the verification report dated 13.07.2011 submitted by the learned counsel for the Respondent No.3, the learned counsel for the Appellant does not press the Appeal with regard to recovery rights.

2. It is stated by the learned counsel for the Appellant that the Appeal was primarily filed seeking recovery rights. As according to the subsequent report obtained by the Appellant Insurance Company, the driving licence has been found to be valid for HTV as the endorsement for HTV was made on 13.09.2006, she does not wish to press the Appeal in view of the

judgment of this Court in National Insurance Company v. Farzana & Ors., 2009 ACJ 2763.

3. The Appeal is accordingly dismissed as withdrawn.

4. Statutory amount of `25,000/- shall be refunded to the Appellant Insurance Company.

5. Pending Applications stand disposed of.

(G.P. MITTAL) JUDGE AUGUST 29, 2012 pst