National Insurance Company Ltd. v. Satya Prakash Mittal And ORS.

$~R-69 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on: 13th July, 2017 + MAC APPEAL 186/2009 and CM Nos.4920/2009 and 4922/2009 NATIONAL INSURANCE CO. LTD.

..... Appellant Through:

Ms. Neerja Sachdeva, Advocate versus SATYA PARKASH MITTAL & ORS.

..... Respondents Through:

None

CORAM:

HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 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.

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 MAC Appeal No. 186/2009