Icici Lombard General Insurance ... vs Haseena Khatoon & Ors.
2017 Latest Caselaw 5268 Del

$~13
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
                                    Decided on: 20th September, 2017
+     MAC APPEAL No. 617/2011 and CM APPL.12406/2011

      ICICI LOMBARD GENERAL INSURANCE CO. LTD.
                                               ..... Appellant
                    Through: Mr. Pankaj Gupta, Advocate
                             Ms. Suman Bagga, Advocate

                          versus

    HASEENA KHATOON & ORS.              ..... Respondents
                  Through: Ms. Pankhi, Advocate for R-1
                           to R-10.
CORAM:
HON'BLE MR. JUSTICE R.K.GAUBA

                    JUDGMENT (ORAL)

1. The tribunal while deciding accident claim case (suit no. 472/2009) of first to eighth respondents (collectively, claimants), by judgment dated 08.04.2011, awarded compensation in their favour on account of death of Mohd. Hakim, in a motor vehicular accident that occurred on 01.09.2009 due to negligent driving of truck bearing registration no.HR-38N-3626, fastening the liability on the appellant insurance company (insurer), it admittedly having issued the insurance cover for third party risk in its respect, but granted it recovery rights against the insured (the registered owner), twelfth respondent (Jumma Khan) on the basis of finding that the driver (eleventh respondent) (MD . Abid) did not hold a valid driving licence.

2. The appeal though brought raising several contentions, is pressed at the hearing only to submit that the insurance company, in the face of finding to the above effect about the driving licence, should have been totally exonerated.

3. The plea to above effect cannot be accepted as third party interest cannot be allowed to be defeated. The interest of the insurance company having been duly protected by grant of recovery rights, the appeal is dismissed.

4. By order dated 12.07.2011, the insurance company had been directed to deposit the entire awarded amount with up-to-date interest which was directed to be kept by the registry in fixed deposit receipt. By subsequent order dated 06.08.2013, fifty per cent (50%) of the said deposit amount was allowed to be released to the claimants. The balance lying in deposit shall also now be released to the claimants in terms of impugned award.

5. The statutory deposit shall be refunded to the appellant insurance company.

6. The appeal is disposed of in above terms.

R.K.GAUBA, J.

SEPTEMBER 20, 2017 vk