National Insurance Co. Ltd. vs Satya Parkash Mittal & Ors.
2017 Latest Caselaw 3248 Del

$~R-69
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
                                           Decided on: 13th July, 2017
+     MAC APPEAL 186/2009 and CM Nos.4920/2009 and
      4922/2009

      NATIONAL INSURANCE CO. LTD.         ..... Appellant
                   Through: Ms. Neerja Sachdeva, Advocate

                          versus

      SATYA PARKASH MITTAL & ORS.                     ..... Respondents
                  Through: None

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

                    JUDGMENT (ORAL)

1. At the hearing on this appeal, the insurance company presses for recovery rights against the owner of the vehicle (fourth respondent) for the compensation paid by it to the first and second respondents (claimants), in terms of judgment dated 04.10.2008 of the Motor Accident Claims Tribunal on claim petition (suit no.1265/2007), on the ground that, as per the pleadings of the said registered owner and the driver (third respondent herein), the vehicle was being driven by an unauthorized person at the time of the accident. This plea only deserves to be noted and rejected. The Tribunal has concluded that such plea was false, such finding being based on proper appreciation of evidence. In the face of this conclusion, the plea for recovery rights cannot be accepted.

2. The appeal and the pending applications are dismissed.

3. The statutory amount shall be refunded.

R.K.GAUBA, J.

JULY 13, 2017 yg