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Date of Decision: 20th July, 2017
THE NEW INDIA ASSURANCE CO. LTD. ..... Appellant
Through: Mr. Pankaj Seth, Advocate
Through: None
JUDGMENT
1. By the impugned judgment dated 23.12.2008, on accident claim petition (suit no.385/2008) of the first respondent, the Motor Accident Claims Tribunal (Tribunal) awarded compensation in his favour returning a finding that the vehicle insured by the appellant / insurance company had been negligently driven, it having given rise to the cause of action but accepting the defence of breach of the terms and conditions of the policy granted recovery rights.
2. The appeal filed is pressed on sole contention that instead of being asked to pay and recover, the insurance company should have been exonerated. This contention must be noted and rejected. [See National Insurance Company V. Swaran Singh (2004) 3 SCC 297].
3. The appeal is, therefore, dismissed. 2017:DHC:3751 MAC Appeal No.327/2009
4. The Insurance company had been directed by earlier order to deposit the entire awarded amount. Some amount therefrom was released. The balance shall now be released.
5. The statutory amount shall be refunded. R.K.GAUBA, J. JULY 20, 2017 yg