Full Text
Translation output
MAC APP. 119/2015 & 314/2015
HIGH COURT OF DELHI
Date of Order: May 31, 2018
HIGH COURT OF DELHI
Date of Order: May 31, 2018
MAC APP 119/2015 & CM No. 2437/2015
M/S. RAMA SERVICE STATION ....Appellant
Through: Mr. Sashil Mongia, Advocate
M/S. RAMA SERVICE STATION ....Appellant
Through: Mr. Sashil Mongia, Advocate
VERSUS
GURDAYAL SINGH VERMA & OPRS. (BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD) .....Respondents
Through: Mr. Pradeep Gaur, Advocate for R- 2.
Through: Mr. Pradeep Gaur, Advocate for R- 2.
AND
MAC APP. No. 314/2015 M/S.BAJAJ ALLIANZ GENERAL INS.CO.LTD. .....Appellant
Through: Mr. Pradeep Gaur, Advocate
MAC APP. No. 314/2015 M/S.BAJAJ ALLIANZ GENERAL INS.CO.LTD. .....Appellant
Through: Mr. Pradeep Gaur, Advocate
VERSUS
M/S. RAMA SERVICE STATION & ORS. .....Respondents
Through: Mr. Sashi Mongia, Advocate
Through: Mr. Sashi Mongia, Advocate
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR O R D E R (ORAL)
At the outset, it is pointed out by learned counsel for the parties that this appeal has no relation with MAC.APP. No. 1003/2016 and in fact, this appeal has to be heard along with MAC APP. No. 314/2015.
2018:DHC:3640 In view of the aforesaid, last order of 21st February, 2017 is clarified to the extent that this appeal has to be heard along with the Main
Appeal being cross-appeal No. 314/2015.
Appellant is the owner of the vehicle involved in a vehicular accident against whom recovery rights have been granted by the MACT vide impugned award of 8th September, 2014.
Now, by way of this application, CM No. 24025/2018 disposal of the appeals is sought on the basis of an out of Court settlement of
8th May, 2018 (Annexure-A to the application). Affidavit of the
Authorized Representative of the respondent-insurance company is annexed with this application.
Authorized representative of the respondent-insurance company-
Mohd. Bilal is present in Court. He has been duly identified by the counsel for the respondent-insurance company.
Appellant’s counsel has handed over a cheque dated 15th May, 2018 of `2,66,000/- (Annexure-B with application) to the Authorized
Representative of respondent-insurance company, who has accepted it and he submits that now, the impugned award can be varied to deny recovery rights to respondent-insurer against appellant.
While taking on record the Settlement of 8th May, 2018
(Annexure –A), this application is disposed of.
MAC APP. Nos. 119/2015 & 314/2015 In view of the orders passed in CM No. 24025/2018, this appeal as well as cross-appeal i.e. MAC APP.No.314/2015 stand disposed of, as the subject matter of both these appeals stands mutually resolved between the parties.
Bank Guarantee furnished by M/s. Rama Service Station in terms of orders of 4th February, 2015 and 3rd February, 2015 stands discharged, if it is renewed.
Both the appeals and the application are accordingly disposed of.
(SUNIL GAUR)
JUDGE
MAY 31, 2018 p
At the outset, it is pointed out by learned counsel for the parties that this appeal has no relation with MAC.APP. No. 1003/2016 and in fact, this appeal has to be heard along with MAC APP. No. 314/2015.
2018:DHC:3640 In view of the aforesaid, last order of 21st February, 2017 is clarified to the extent that this appeal has to be heard along with the Main
Appeal being cross-appeal No. 314/2015.
Appellant is the owner of the vehicle involved in a vehicular accident against whom recovery rights have been granted by the MACT vide impugned award of 8th September, 2014.
Now, by way of this application, CM No. 24025/2018 disposal of the appeals is sought on the basis of an out of Court settlement of
8th May, 2018 (Annexure-A to the application). Affidavit of the
Authorized Representative of the respondent-insurance company is annexed with this application.
Authorized representative of the respondent-insurance company-
Mohd. Bilal is present in Court. He has been duly identified by the counsel for the respondent-insurance company.
Appellant’s counsel has handed over a cheque dated 15th May, 2018 of `2,66,000/- (Annexure-B with application) to the Authorized
Representative of respondent-insurance company, who has accepted it and he submits that now, the impugned award can be varied to deny recovery rights to respondent-insurer against appellant.
While taking on record the Settlement of 8th May, 2018
(Annexure –A), this application is disposed of.
MAC APP. Nos. 119/2015 & 314/2015 In view of the orders passed in CM No. 24025/2018, this appeal as well as cross-appeal i.e. MAC APP.No.314/2015 stand disposed of, as the subject matter of both these appeals stands mutually resolved between the parties.
Bank Guarantee furnished by M/s. Rama Service Station in terms of orders of 4th February, 2015 and 3rd February, 2015 stands discharged, if it is renewed.
Both the appeals and the application are accordingly disposed of.
(SUNIL GAUR)
JUDGE
MAY 31, 2018 p
JUDGMENT