United India Insurance Co. Ltd vs. Usha Aggarwal

j 1 ITEM NO.89 COURT NO.1 SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 12707/2014 (Arising out of impugned final judgment and order dated 27/11/2013 in MACA No. 495/2010 passed by the High Court Of Delhi At New Delhi) UNITED INDIA INSURANCE CO. LTD. Petitioner(s) VERSUS USHA AGGARWAL & ORS. Respondent(s) Date : 13/10/2015 This petition was called on for hearing today. CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE ARUN MISHRA For Petitioner(s) Mr. Rajesh Kumar Gupta,Adv. For Respondent(s) Mr. Shakil Ahmed Syed,Adv. Mr. S. S. Nehra,Adv. UPON hearing the counsel the Court made the following O R D E R The High Court, while modifying the award passed by the Motor Accident Claims Tribunal (for short 'the Tribunal'), has fastened the liability of payment of compensation on the insurance company with a direction to recover the same from the owner of the vehicle. Learned counsel appearing for the claimant(s) would Signature Not Verified Digitally signed by Ramana Venkata Ganti inform us that, pursuant to the direction issued by the Date: 2015.10.15 High Court, the insurance company had already deposited the 09:53:59 IST Reason: entire compensation awarded by the Tribunal and the claimants have withdrawn the same. 2

At this stage, we do not intend to permit the insurance company to recover the amount from the claimants. Accordingly, while confirming the order passed by the High

Court, we grant liberty to the insurance company to recover the amount from the owner of the offending vehicle. The Special Leave Petition is disposed of. Ordered accordingly.

(G.V.Ramana) (Vinod Kulvi) AR-cum-PS Asstt.Registrar