Bajaj Allianz General Insurance Company Ltd v. Baby Sahin & ORS

$~19 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MAC.APP. 713/2017 and CM 28805-28807/2017 BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LTD ..... Appellant Through: Mr. Azmat H. Amanullah and Mr. Ankit Chaturvedi, Advocate versus BABY SAHIN & ORS ..... Respondents Through: None

CORAM:

HON'BLE MR. JUSTICE R.K.GAUBA

O R D E R

% 11.08.2017 The appellant on the basis of finding in its favour accepting its plea of breach of the terms and conditions of the insurance policy, while being called upon to pay the compensation awarded in favour of the first to third respondents (collectively, the claimants) on their accident claim case (suit no.5322/2016), the Motor Accident Claims Tribunal (Tribunal) by its judgment dated 23.11.2016 has granted recovery rights to the appellant against the owner of the offending vehicle.

The learned counsel for the appellant fairly concedes that the liability towards the claimants has already been satisfied by requisite deposit being made. If this were the position, this appeal is wholly uncalled for. The insurance company is at liberty to take out MAC.APP. 713/2017

execution proceedings before the Tribunal to enforce the recovery rights.

The appeal with applications connected therewith is dismissed in limine.

R.K.GAUBA, J.

AUGUST 11, 2017 Yg MAC.APP. 713/2017