Bajaj Allianz General Insurance ... vs Vimal Devi And Ors.
2016 Latest Caselaw 4165 Del

$~R-118

*      IN THE HIGH COURT OF DELHI AT NEW DELHI
                                                Date of Decision: 30.05.2016
+      MAC.APP. 27/2008 & CM No.2998/2010

       BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD.
                                                           ..... Appellant
                          Through      Mr. Pankaj Seth, Adv. with Mr.
                                       Shoumik Mazumdar, Adv.

                          versus

       VIMAL DEVI AND ORS.
                                                               ..... Respondent
                          Through      None

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

R.K.GAUBA, J (ORAL):

1. By judgment dated 10.09.2007, passed on the file of the claim petition (No.202/05) of the first respondent (claimant) granting compensation in her favour for the death of Yogesh Kumar in motor vehicular accident that occurred on 22.02.2002 on account of negligent driving of the motorcycle DL 5SQ 1060 (the offending vehicle), admittedly insured against third party risk with the appellant insurance company (insurer), the plea of the latter about breach of terms and conditions of the insurance policy was accepted and it was granted recovery rights against insured (third respondent herein), the owner of the offending vehicle, in the face of finding that the driver (the

second respondent) was not holding a valid or effective driving license on the relevant date.

2. By the appeal at hand, the insurance company only pressed for total exoneration. This plea must be rejected. The third party rights cannot be defeated. The interest of the insurance company is duly protected by grant of the recovery rights. [National Insurance Company V. Swaran Singh (2004) 3 SCC 297 and United India Insurance Company Ltd. V. Lehru & Ors. (2003 3 SCC 338]

3. By order dated 15.01.2008, the insurance company had been directed to deposit the entire awarded amount with the Registrar General within the period specified. By order dated 12.03.2013, 80% of the awarded amount was released in favour of the claimants. The balance shall also now be released to the claimant. The insurer is at liberty to enforce the recovery rights by appropriate proceedings before the tribunal.

4. Statutory deposit, if made, shall be refunded.

5. The appeal is disposed of in above terms.

6. A copy of this judgment shall be sent by the registry to the claimants and the insurance company.

(R.K. GAUBA) JUDGE MAY 30, 2016 VLD