Shriram General Insurance Co Ltd vs Mohd Aslam & Ors
2016 Latest Caselaw 3068 Del

$~12

*      IN THE HIGH COURT OF DELHI AT NEW DELHI
                                   Date of Decision: 28th April, 2016
+      MAC.APP. 1153/2013

       SHRIRAM GENERAL INSURANCE CO LTD
                                                                  ..... Appellant
                          Through        Mr. P Acharya, Adv.

                          versus

       MOHD ASLAM & ORS
                                                              ..... Respondent
                          Through        Mr. Ashish Dahiya, Adv. for R-4

CORAM:
HON'BLE MR. JUSTICE R.K.GAUBA
                          JUDGMENT

R.K.GAUBA, J (ORAL):

1. The insurance company having been fastened with the liability to indemnify the owner of the offending vehicle (the fourth respondent) by the judgment dated 13.05.2013 passed by the motor accident claims tribunal (tribunal) in accident claim case (MACT case No.373/11) instituted by the claimants (first and second respondents) on 28.11.2011 awarding compensation in the sum of Rs.3 lakhs on account of death of their child in motor vehicular accident on 30.07.2011 contends that there is breach of terms and conditions of the policy as there was no fitness certificate held in respect of the offending vehicle. This issue, it is conceded at the hearing, was not even taken as a defence before the tribunal. Instead, the tribunal

noted in para 18 of the impugned judgment that insurance company did not offer any statutory defence.

2. In above view of the matter, the appeal is dismissed. [see judgment dated 04.04.2016 in MAC.APP.No.18/2015 United India Insurance Co Ltd v. Ramesh Kumar Raman & Ors.]

3. Statutory amount, if deposited, shall be refunded.

R.K. GAUBA (JUDGE) APRIL 28, 2016 VLD