National Insurance Co Ltd v. M/S Singh Transport Consortium & ANR

$~14 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ RFA 338/2018 NATIONAL INSURANCE CO LTD ..... Appellant Through:

Mr. Mukesh Anand and Mr. Vijay Chandra, Advocates.

versus M/S SINGH TRANSPORT CONSORTIUM & ANR ..... Respondents Through:

Mr. Arjun Sawhney and Mr. Akhil, Advocates for R-1.

CORAM:

HON'BLE MR. JUSTICE VALMIKI J. MEHTA

O R D E R

% 05.07.2018 1.

After arguments, this appeal is allowed with the consent order by setting aside the impugned judgment dated 9.11.2017. It is held that both the plaintiffs have locus standi to file a suit because plaintiff no. 1 will be subrogee of the plaintiff no. 2 so as to claim amount of loss on account of alleged negligence of the defendant. 2.

It is, however, made clear that this Court has not made any observations with respect to merits of the matter and the merits of the matter including the defences raised by the defendant on merits with respect to disentitlement of the plaintiffs to claim the suit amount from the defendant because defendant is not guilty of negligence etc. RFA 338/2018

will be decided in the suit at the stage of final arguments after evidence is led by both the parties.

3.

Appeal is allowed and disposed of accordingly. 4.

Parties to appear before the District and Sessions Judge, Central District, Tis Hazari Courts, Delhi on 1st August, 2018, and the District and Sessions Judge will mark the suit for disposal to a competent court in accordance with law.

VALMIKI J. MEHTA, J JULY 05, 2018 AK RFA 338/2018