New India Assurance Co Ltd vs Lakhan Singh Bisht & Ors
2014 Latest Caselaw 1159 Del

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*      IN THE HIGH COURT OF DELHI AT NEW DELHI
%                                    Judgment delivered on: 4th March, 2014

+             MAC.APP. 696/2010 and CM APPL. 18809/2010(Stay)
       NEW INDIA ASSURANCE CO LTD                          ..... Appellant
                          Represented by:     Mr. Kanwal Choudhary, Adv.

                          Versus

       LAKHAN SINGH BISHT & ORS                            ..... Respondents
                    Represented by:           None.

CORAM:
HON'BLE MR. JUSTICE SURESH KAIT

SURESH KAIT, J. (Oral)

MAC.APP. 696/2010

1. The present appeal is preferred against the impugned award dated

02.08.2010, whereby the learned Tribunal has awarded compensation for a

sum of Rs. 6,75,392/- with interest @ 7.5 % per annum from the date of

filing the petition, i.e., 29.01.2005 till the notice under Order 21 Rule 1 CPC

was issued.

2. Vide the present appeal, the appellant is seeking exoneration from the

liability on the ground that the driver of the offending vehicle was not

holding a valid driving licence on the date of accident, despite, Ld. Tribunal

has directed the appellant to pay compensation with right to recover from

the owner of the offending vehicle.

3. The issue of no licence, invalid licence and fake licence has already

been dealt with by this Court in case of Santosh Chabra & Ors. Vs.

Abhishek Gureja & Ors. in MAC Appeal No.805/2010 decided on

04.10.2013,

4. Admittedly, recovery rights have been granted in favour of the

appellant. Therefore, taking into consideration the view taken by this Court

in the aforementioned case, I do not find any merit in the instant appeal.

5. Accordingly, the present appeal is dismissed.

6. The statutory amount be released in favour of the appellant.

CM APPL. 18809/2010(Stay)

With the dismissal of the appeal itself, this application has become

infructuous. The same is accordingly dismissed.

SURESH KAIT, J.

MARCH 04, 2014 Cl/RS