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DELHI HIGH COURT
NAJMI WAZIRI
New India Assurance Co. Ltd. – Appellant
Versus
Surinder Nijhawan – Respondent
| Table of Content |
|---|
| 1. facts surrounding the accident and compensation (Para 1 , 2 , 3) |
| 2. judicial precedents influencing the tribunal's decision (Para 4 , 7) |
| 3. arguments regarding driver's licensing and endorsement requirements (Para 5 , 6) |
| 4. ratio decidendi concerning breach of policy conditions (Para 8 , 9) |
| 5. discussion on requirements for driving licenses in hill areas (Para 10 , 12 , 13 , 14 , 15 , 16) |
| 6. final conclusion and dismissal of appeals (Para 18 , 19) |
JUDGMENT
Najmi Waziri, J. (Oral)--These appeals impugn the award of compensation dated 16.07.2016, passed by the learned MACT in Suit Nos. 305/11, 307/11, 308/11, 309/11, 306/11, 310/11, 21/16 and 190/11, 191/11, 192/11, 193/11, 194/11, 195/11, 196/11, 279/11, 280/11, 322/11, 323/11, 324/11, 325/11, 326/11,457/11, 257/11, 259/11, 260/11, 456/11, 657/11, 658/11 & 390/11, on the ground that the right of recovery against the owner and driver of the vehicle has not been granted. The quantum of compensation has not been challenged. Indeed the compensation stands duly paid to the claimants.
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