New India Assurance Co Ltd. vs Sukhdev Prasad Yadav & Ors.
2013 Latest Caselaw 5086 Del

$~11
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                   Judgment delivered on: 6th November, 2013


+                            MAC.APP. No.282/2011

       NEW INDIA ASSURANCE CO LTD.               ..... Appellant
                    Represented by: Mr.Kanwal Chaudhary,
                                    Advocate.

                             Versus

       SUKHDEV PRASAD YADAV & ORS.               ..... Respondents
                   Represented by: Mr.Navneet Goyal, Advocate
                                   for Respondent No.1.

CORAM:
HON'BLE MR. JUSTICE SURESH KAIT

SURESH KAIT, J. (Oral)

1. The present appeal is directed against the impugned award dated 20.11.2010, whereby the learned Tribunal has granted a compensation of Rs.98,744/- with interest at the rate of 7.5% per annum from the date of filing of the petition till realization.

2. The sole ground argued by learned counsel for the appellant/Insurance Company is that driver of the offending vehicle was not having valid driving licence at the time of the accident, therefore, in that eventuality, the learned Tribunal ought to have exonerated the Insurance Company from the liability of paying compensation.

3 Admittedly, recovery rights have been granted in favour of the appellant/Insurance Company in the case in hand.

4. Similar issue came up before this Court in the case bearing MACA No.805/2012, titled as 'Sanotsh Chhabra & Ors. Vs. Abishek Gureja & Ors.', decided on 04.10.2013. Therefore, keeping in view the aforesaid dictum, I do not find any merit in the instant appeal.

5. Consequently, the Registrar General of this Court is directed to release the awarded amount with upto date interest accrued thereon in favour of the respondent No.1/claimant on taking necessary steps by him.

6. Statutory amount of Rs.25,000/- shall be released in favour of the appellant/Insurance Company.

7. Accordingly, the present appeal is dismissed.

SURESH KAIT, J.

NOVEMBER 06, 2013 sb