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Date of Decision: 13th July, 2017
4922/2009 NATIONAL INSURANCE CO. LTD. ..... Appellant
Through: Ms. Neerja Sachdeva, Advocate
Through: None
JUDGMENT
1. At the hearing on this appeal, the insurance company presses for recovery rights against the owner of the vehicle (fourth respondent) for the compensation paid by it to the first and second respondents (claimants), in terms of judgment dated 04.10.2008 of the Motor Accident Claims Tribunal on claim petition (suit no.1265/2007), on the ground that, as per the pleadings of the said registered owner and the driver (third respondent herein), the vehicle was being driven by an unauthorized person at the time of the accident. This plea only deserves to be noted and rejected. The Tribunal has concluded that such plea was false, such finding being based on proper appreciation of evidence. In the face of this conclusion, the plea for recovery rights cannot be accepted. 2017:DHC:3492 MAC Appeal No. 186/2009
2. The appeal and the pending applications are dismissed.
3. The statutory amount shall be refunded. R.K.GAUBA, J. JULY 13, 2017 yg