LAWS(DLH)-2012-3-348

NEW INDIA ASSURANCE CO. LTD. Vs. HUKAM SINGH

Decided On March 21, 2012
NEW INDIA ASSURANCE CO. LTD. Appellant
V/S
HUKAM SINGH Respondents

JUDGEMENT

(1.) THE Appellant New India Assurance Company Limited impugns the judgment dated 05.02.2009 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) on the ground that instead of granting recovery rights, the Appellant was entitled to be exonerated as the Appellant proved on record that the cheque issued by the third Respondent was dishonoured on presentation and all the concerned were duly informed.

(2.) IT is urged that the case is covered by the report of the Supreme Court in Deddappa & Ors. v. Branch Manager, National Insurance Company Limited, (2008) 2 SCC 595.

(3.) IN para 24 of the report in Deddappa & Ors. (supra), it was held as under:-