NATIONAL INSURANCE CO LTD Vs. MONA MEHDIRATTA

JUDGEMENT

(1.) VIDE the instant appeal, the appellant has challenged the award dated 17.02.2011, whereby the learned Tribunal has awarded a total compensation as under:- <FRM>JUDGEMENT_368_ILRDLH23_2013s1.htm</FRM>

(2.) THE instant appeal has been filed on the ground that the learned Tribunal has erred in not appreciating that it was a clear cut case of intentional violation of permit conditions and therefore, should have been given recovery rights to the appellant company in such a case.

(3.) WHILE relying upon a case of M.C. Mehta Vs. UOI, (1977) 8 SCC 770, the learned counsel submitted that the respondent Nos.1 and 2 are guilty of violation of permit conditions on account of the grounds mentioned below:-