New India Assurance Co Ltd v. Gyan Devi & Ors.

1. The present appeal is directed against the impugned award dated 04.08.2010, whereby the learned Tribunal while granting compensation has not exonerated the appellant/Insurance Company from liability to pay compensation despite the fact that the respondent No.3, i.e., driver of the offending vehicle was not holding a valid driving licence on the date of the accident.

2. Admittedly, recovery rights have been granted in favour of the appellant/Insurance Company. 2014:DHC:698 MAC.APP No. 693/2010

3. Similar issue has been dealt with by this Court in the case bearing MAC. APP. No.805/2010, titled as ‘Santosh Chhabra & Ors. Vs.Abhishek Gureja & Ors.’, decided on 04.10.2013.

4. Therefore, keeping in mind the facts and circumstances of the case, aforesaid dictum of this Court and the fact that recovery rights have already been granted in favour of the appellant/Insurance Company, I do not find any discrepancy in the impugned order dated 04.08.2010 passed by the learned Tribunal. The same is accordingly dismissed.

5. Consequently, the Registry of this Court is directed to release the statutory amount in favour of the appellant/Insurance Company and the compensation amount with upto date interest accrued thereon in favour of the respondents/claimants in terms of the order dated 04.08.2010 passed by the learned Tribunal. CM No.18770/2010 (for stay) With the dismissal of the appeal itself, the present application has become infructuous. The same is accordingly dismissed.

SURESH KAIT, J. FEBRUARY 05, 2014 sb