NATIONAL INSURANCE CO. LTD. Vs. KAVITA DEVI

JUDGEMENT

(1.) This order shall decide FAO Nos.3642 and 3651 of 2017 and FAO Nos.3171 and 5195 of 2018.

(2.) FAO Nos.3642 and 3651 of 2017 have been filed by the Insurance Company challenging restriction of recovery rights only to the extent of 50% after paying the entire compensation awarded to the claimants,despite the Tribunal having held there to be a breach of the terms and conditions of the Insurance Policy on account of failure of the owner and driver to produce the driving licence to enable the Insurance Company to verify the genuineness of the same, while FAO Nos.3171 and 5195 of 2018 have been filed by the claimants for modification of award and enhancement of compensation awarded.

(3.) FAO Nos.3171 and 5195 are of the year 2018 and despite note in the cause list that bail applications, FAOs, CRs and RSAs shown in the ordinary list immediately after the list of urgent cases would be taken up for hearing in said seriatim, none is present on behalf of the claimants/appellants in said appeals, nor is anyone present on behalf of respondent Nos.1 to 5 and 7 in FAO No.3642 of 2017 and respondent Nos.1 and 3 in FAO No.3651 of 2017 both filed by the Insurance Company, despite service while service of respondent No.6 in FAO No.3642 of 2017 and respondent No.2 in FAO No.3651 of 2017, was dispensed with vide order dtd. 1/11/2019.