United India Insurance Co Ltd v. Narender Singh & ORS

$~35 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 08th December, 2016 + MAC.APP. 742/2015 UNITED INDIA INSURANCE CO. LTD.

..... Petitioner Through: Mr. Animesh Sinha, Advocate

Versus

NARENDER SINGH & ORS.

..... Respondents Through: Mr. S.N. Parashar, Advocate for respondent No.1

CORAM:

HON'BLE MR. JUSTICE J.R. MIDHA JUDGMENT (ORAL) 1.

The appellant has challenged the award of the Claims Tribunal whereby compensation of Rs.25,241.50 has been awarded to respondent No.1.

2.

The accident dated 17th December, 2010 resulted in minor injuries to respondent No.1. The Claims Tribunal awarded Rs.25,000/- towards pain and suffering and Rs.241.50 for medical treatment.

3.

Learned counsel for the appellant urged at the time of hearing that the amount awarded to respondent No.1 is on higher side. It is further submitted that the appellant is entitled to recovery rights against respondents No.2 and 3 as the driving licence of respondent No.2 was found to be fake.

4.

Respondent No.1 is present in Court and his condition has been MAC. APP. 742/2015

seen. The compensation awarded to respondent No.1 is just, fair and reasonable and does not warrant any interference. 5.

With respect to the driving licence of respondent no.2, the Claims Tribunal has not granted recovery rights on the ground that the driver of the offending vehicle was holding a valid driving licence issued by the Transport Office, Nagaland. There is no infirmity in the finding of the Claims Tribunal.

6.

The appeal is dismissed. The appellant has deposited the entire award amount with the Registrar General of this Court in terms of order dated 28th September, 2015. The Registrar General is directed to release the award amount along with interest accrued thereon to respondent No.1 without any restriction of the FDR. 7.

Dasti.

DECEMBER 08, 2016 rsk J.R. MIDHA, J.

MAC. APP. 742/2015