MOHAMMAD HARISH Vs. IMRAN AND ORS.

JUDGEMENT

(1.) The present appeal directs challenge against award dtd. 7/3/2017 passed by the Motor Accidents Claims Tribunal, Mewat (in short "the Tribunal") whereby compensation has been assessed on account of injuries sustained by the claimant in a motor vehicular accident that took place on 8/11/2015 and the claimant has been allowed compensation to the tune of Rs.7,10,000.00. However, liability to pay compensation has been fastened against driver and owner of the offending vehicle whereas the insurance company has been exonerated of its liability on the basis of findings recorded in paras 22 and 23 of the award.

(2.) Counsel for the appellant would argue that even if cheque issued by the insured for payment of premium had been dishonoured, insurance company cannot escape liability to pay compensation to the third party though it may press for right of recovery against the insured after indemnifying the claimant. In support of his contention, he has relied upon judgment of Hon'ble the Supreme Court of India New India Assurance Company Limited vs. Rula and others 2002(2) RCR (Civil) 391. Further reference has been made to judgments of this court National Insurance Company Limited vs. Hasina and others 2009 (48) RCR (Civil) 337 and of the Delhi High Court Usha Aggarwal vs. Parmod Kumar Gupta and others 2013 (34) RCR (Civil) 243.

(3.) The insurance company failed to cause appearance despite service, therefore, there is no contest to plea of the claimant.