New India Assurance Company Ltd v. Pradeep Kumar Aggarwal & Ors

ORDER %

28.10.2010 The appellant Insurance Company in this appeal seeks to challenge the impugnedawarddated 13^August,2010passedby the MotorAccidentClaims Tribuna, Rohini, Delhi on the ground that the Motor Accident Claims Tribunal erred in directing the Insurance Company to pay the award amount in the first F instance in view of the fact that the invalidity of the driving licence had been established on record. According to Ms. Neerja Sachdeva, the learned counsel for the appellant Insurance Company, one of the terms of the insurance policy having been breached by the insured, the liability to pay the award amount ought to have been fastened on the insured and the driver of the insured alone. MAC.APP. 716/2010 Pase 1 of 2 Certify that the digital and physical file have been compared and the digital data is as per the physical file and no page is missing. She, however, states that she is not pressing the appeal at this juncture, but in view of the fact that the matter in issue is referred to a Larger Bench of the Supreme Court, she may be given the opportunity to have the appeal revived in case the issue is decided in favour of the Insurance Companies by the Supreme Court. Dismissed as withdrawn. Liberty as prayed for is granted. A copy of this order be given dasti to the counsel for the appellant, as prayed. REVA KHETRAPAL,J OCTOBER 28, 2010 km MAC.APP. 716/2010 Pase2of2

^4 1-27 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MAC.APP. 716/2010 and CM Nos. 19181-82/2010 NEW INDIA ASSUPIANCE COMPANY LTD Appellant Through: Ms. Neerja Sachdeva, Advocate versus PRADEEP KUMAR AGGARWAL & ORS Respondents Through: Nemo CORAM: HON'BLE MS. JUSTICE REVA KHETRAPAL