Sukhbir Bhardwaj v. Jagbir Singh & ORS (The Oriental Insurance Co Ltd)

$~29 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ MAC.APP. 17/2018 & CM Nos.316-318/2018 SUKHBIR BHARDWAJ ..... Appellant Through:

Mr. Rajat Aneja with Ms. Chandrika Gupta, Advocates.

versus JAGBIR SINGH & ORS (THE ORIENTAL INSURANCE CO LTD) ..... Respondent Through:

None.

CORAM:

HON'BLE MR. JUSTICE R.K.GAUBA

O R D E R

% 05.01.2018 After some hearing, the learned counsel for the appellant submitted, on instructions, that he may be allowed to withdraw the present appeal and the applications filed therewith and instead approach the Motor Accident Claims Tribunal for review of the judgment dated 29.05.2017 passed on the file of accident claim case No. 6256/2016 in so far as it granted recovery rights against the appellant in favour of the insurer (sixth respondent) since the relevant law on the subject declared by the Supreme Court as reported in United India Insurance Company Ltd. v. Lehru & Others: 2003 (3) SCALE 181 and National Insurance Co. Ltd. v. Swaran Singh and Others: (2004) 3 SCC 297 were not even considered by the learned Tribunal.

MAC.APP. 17/2018

The appeal and the applications filed therewith are dismissed as withdrawn with liberty as prayed granted subject to the condition, however, that the appellant will have to approach the Tribunal within 30 days hereof with the review application. The recovery rights will not be enforced during the said period of 30 days. In the event of review application being filed within the period specified, the Tribunal will consider extending the protection till adjudication on the review application.

Dasti under signatures of Court Master.

R.K.GAUBA, J.

JANUARY 05, 2018 srb MAC.APP. 17/2018