New India Assurance Co Ltd v. Baby Kotil & Ors

MACA No.666/2010

UNREPORTABLE

* IN THE HIGH COURT OF DELHI AT NEW DELHI

MAC App. No.666/2010

Date of Decision: October 05, 2010

NEW INDIA ASSURANCE CO LTD ..... Appellant

through Mr. Kanwal Choudhary, Advocate

versus

BABY KOTIL & ORS

..... Respondents

through None

CORAM:

HON'BLE MISS JUSTICE REKHA SHARMA

¶1Whether the reporters of local papers may be allowed to see the judgment? No

¶2To be referred to the reporter or not? No

¶3Whether the judgment should be reported in the 'Digest'? No

REKHA SHARMA, J. (ORAL) The Motor Accident Claims Tribunal has awarded a sum of ` 3,71,616/- to the claimant along with interest thereon @ 7.5% per annum with a direction to the Insurance Company to pay the awarded amount, though it has been granted the right to recover the same from respondents No.2 to 4. The learned counsel for the Insurance Company states that he is not praying for stay of the impugned award and that the awarded amount shall be paid by the Insurance Company to the claimant. His only grievance is that the Insurance Company was liable to be fully MACA No.666/2010

exonerated and ought not to have been asked to pay the awarded amount not even at the first instance. Having regard to the fact that the Insurance Company is ready and willing to pay the awarded amount to the claimant and in view of the order of the Tribunal granting to it the right to recover the awarded amount from respondents No.2 to 4, I see no purpose in admitting the appeal. The same has no merit and is dismissed as such.

REKHA SHARMA, J OCTOBER 05, 2010 ka