National Insurance Co Ltd v. Alka Kumari & ORS

$~7 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ MAC.APP. 48/2016 NATIONAL INSURANCE CO LTD .....Appellant Through:

Mr. Pradeep Gaur, Adv.

(through VC) versus ALKA KUMARI & ORS .....Respondents Through:

Mr. Pankaj Gupta, Adv.

(through VC)

CORAM:

HON'BLE MR. JUSTICE AMIT MAHAJAN

O R D E R

% 15.01.2025 1.

By the present appeal, the appellant has challenged the judgment / award dated 29.10.2015 (hereafter 'impugned award'), passed by the learned Motor Accident Claims Tribunal (MACT) in Suit No. 592/08, pursuant to which a compensation of ₹8,02,234/- was awarded to the family of the deceased. 2.

The appellant has challenged the impugned award on the ground that higher amount has been awarded.

3.

The learned MACT had held that the owner or the driver is responsible for the accident and the appellant is entitled to recover the said amount from the owner or the driver. 4.

In the opinion of this Court when the appellant is permitted to recover the said amount, it is not open for them to challenge the compensation on the ground that the same has been awarded on the higher side.

5.

It is also undisputed that the owner or the driver has not challenged the impugned award, thus there was no embargo on The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/01/2025 at 14:53:50

the appellant to recover the awarded amount.

6.

The appeal, in such circumstances, is not maintainable and is therefore, dismissed.

7.

Let the statutory amount deposited by the appellant be refunded.

8.

The amount of compensation deposited before the learned Tribunal is directed to be released in favour of Respondent Nos. 1 to 3.

AMIT MAHAJAN, J JANUARY 15, 2025 'KDK'

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/01/2025 at 14:53:50