National Insurance Co Ltd. vs Indu Devi & Ors.
2019 Latest Caselaw 276 Del

*     IN THE HIGH COURT OF DELHI AT NEW DELHI
                           Date of Order: January 15, 2019

+     REVIEW PETITION 390/2018 in MAC.APP. 709/2016

      NATIONAL INSURANCE CO LTD                           ..... Appellant

                         Through:     Ms. Seema Gulati, Advocate

                         versus

      INDU DEVI & ORS                                     .....Respondents

                         Through:     Mr. K.B.B. Singh and Mr. Vikrant
                                      Guleria, Advocates for Respondent
                                      Nos. 3 and 4.

      CORAM:
      HON'BLE MR. JUSTICE SUNIL GAUR
                   ORDER

(ORAL)

Review of judgment of 21st August, 2018 is sought by appellant, in view of the observations made by this Court in paragraph No. 11 of the judgment. It is pointed out that due to inadvertence the recovery rights have not been granted to appellant which ought to be granted.

Upon notice, learned counsel for contesting respondent Nos. 3 and 4 i.e. Driver and owner of the insured vehicle submits that their stand qua recovery rights has been already noted in paragraph 10 of the judgment.

Upon hearing and on perusal of the judgment of 21st August, 2018, I find that in view of the findings returned in paragraph No. 11 of the judgment, recovery rights ought to have been granted to appellant and due to inadvertence it has not been granted. Judgment of 21st August,

2018 is modified to the extent of granting recovery rights to the appellant in respect of the compensation granted to the legal heirs of the deceased and the injured.

This review petition is accordingly disposed of.

(SUNIL GAUR) JUDGE JANUARY 15, 2019 p'ma