NATIONAL INSURANCE CO LTD Vs. SANJAY KUMAR

JUDGEMENT

(1.) THESE two appeals arise out of a common judgment dated 29th September, 2009 passed by the Motor Accident Claims Tribunal, New Delhi whereby Claim Petition no. 933/2004 and 934/2004 came to be decided. While granting a compensation of Rs. 42,400/- and Rs. 86,235/- in the two claim petitions respectively, the Claims Tribunal granted recovery rights against respondent no. 2, (Krishna Murari Dixit), the driver of the offending vehicle. The contention raised on behalf of the Appellant are :-

(2.) ON the other hand, it is submitted by learned counsel for the second and the third Respondent that insurance company did have the liability to satisfy the award in the first instance.

(3.) FOLLOWING Swaran Singh, (Supra) this Court in National Insurance Company Limited Vs. Sanjay Kumar, ILR, 2007 (2), Delhi, 733 held that even when breach of the terms and conditions of policy of insurance and Section 149(2)(a) of the Motor Vehicle Act, 1988 is proved, the insurance company would still be required to pay the sum awarded to the claimant, but would be entitled to the recovery rights against the insured.