The New India Assurance Co. Ltd. vs Naveen Monga & Ors.
2017 Latest Caselaw 3474 Del

$~R-81
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

                                             Decided on: 20th July, 2017

+     MAC APPEAL 327/2009

      THE NEW INDIA ASSURANCE CO. LTD.       ..... Appellant
                    Through: Mr. Pankaj Seth, Advocate

                          versus

      NAVEEN MONGA & ORS.                              ..... Respondents
                 Through:               None

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

                    JUDGMENT (ORAL)

1. By the impugned judgment dated 23.12.2008, on accident claim petition (suit no.385/2008) of the first respondent, the Motor Accident Claims Tribunal (Tribunal) awarded compensation in his favour returning a finding that the vehicle insured by the appellant / insurance company had been negligently driven, it having given rise to the cause of action but accepting the defence of breach of the terms and conditions of the policy granted recovery rights.

2. The appeal filed is pressed on sole contention that instead of being asked to pay and recover, the insurance company should have been exonerated. This contention must be noted and rejected. [See National Insurance Company V. Swaran Singh (2004) 3 SCC 297].

3. The appeal is, therefore, dismissed.

4. The Insurance company had been directed by earlier order to deposit the entire awarded amount. Some amount therefrom was released. The balance shall now be released.

5. The statutory amount shall be refunded.

R.K.GAUBA, J.

JULY 20, 2017 yg