Oriental Insurance Co Ltd vs Bhagwan Singh Rawat & Ors
2012 Latest Caselaw 5341 Del

$~16
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

                                             Date of decision: 6th September, 2012

+        MAC. APP. No.623/2011

ORIENTAL INSURANCE CO LTD                                ..... Appellant
                 Through: None.

                        versus

BHAGWAN SINGH RAWAT & ORS              ..... Respondents
                Through: Mr.Pradeep Gaur, Adv. for R-2

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

                                 JUDGMENT

G. P. MITTAL, J. (ORAL)

1. By virtue of this Appeal, the Appellant Oriental Insurance Company Ltd.

seeks to challenge the judgment dated 5th March, 2011 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby a compensation of `5,18,016/- was awarded for the death of Rakesh Rawat, a bachelor, in a motor vehicle accident which occurred on 11.08.2007.

2. The ground of challenge is that Respondent No.4 who was the owner of the offending vehicle bearing No.HR-55-D-1199 did not possess a valid permit to ply the vehicle in the Territory of NCT of Delhi.

3. In the event of success in the Appeal, the Appellant would have been entitled to recover the awarded amount from Respondent No.4. Respondent No.4 died and an application for substitution of his LRs was

not moved despite sufficient opportunity granted to the Appellant. It is stated by the learned counsel for the Appellant Oriental Insurance Company Ltd. that the whereabouts of the LRs could not be known despite best efforts made by them.

4. In the circumstances, the Appeal abates. The same is dismissed as having abated.

5. Statutory amount of Rs.25,000/- shall be refunded to the Appellant Oriental Insurance Company Ltd.

6. Pending application stand disposed of.

(G.P. MITTAL) JUDGE SEPTEMBER 06, 2012 v