NATIONAL INSURANCE COMPANY LTD Vs. SARITA HASIDJA

JUDGEMENT

(1.) BY virtue of this Appeal, the Appellant National Insurance Company Limited seeks recovery rights against the Respondents No.7 and 8 in respect of award of compensation of Rs.32,48,600.00 in favour of Respondents No.1 to 6 for the death of H.C. Hasija, who died in a motor vehicle accident which occurred on 03.08.2006.

(2.) THE finding on negligence or on the quantum of compensation is not challenged by the Appellant Insurance Company.

(3.) THE Claims Tribunal dealt with the issue of liability in para 24 to 27 of the impugned judgment. The Claims Tribunal relied on the judgment of this Court in Deepak Kumar v. National Insurance Co. Ltd., MAC APP.139/2007 decided on 07.02.2008 and held that mere prosecution of the driver under Section 3/181 of the Motor Vehicles Act, 1988 (the Act) was not enough to prove the breach of the terms and conditions of the policy. The Claims Tribunal further relied on National Insurance Company Limited v. Swaran Singh & Ors., (2004) 3 SCC 297 where it was held as under:-