MAC APP.279/2018

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$~17

*

IN THE HIGH COURT OF DELHI AT NEW DELHI

%

+

MAC.APP. 279/2018

THE NEW INDIA ASSURNACE CO LTD

..... Appellant

Through: Mr. Gaurav Nair, Adv.

versus

CHANAN SINGH (DECEASED) THR LRS

..... Respondent

Through

CORAM:

HON'BLE MR. JUSTICE NAJMI WAZIRI

NAJMI WAZIRI, J (Oral)

1. This appeal impugns the award of compensation dated 20.01.2018

passed by the learned MACT in Case No. 450464/2016, on the ground that

it did not grant right of recovery to the appellant-insurer against the owner of

the offending-insured vehicle. It is the appellant’s case that by notice dated

17.11.2017 it had sought following information from the owner of the

vehicle under Order 12 Rule 8 CPC:

covers on the date of accident i.e. 29.04.2008...”

2. The said letter was never responded to nor were the requisite

documents supplied to the insurer. The owner and driver of the vehicle did

not appear before the learned MACT and they were proceeded ex parte.

KAMLESH KUMAR

18.10.2019 15:06

MAC APP.279/2018

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The appellant’s contention in this regard has been dealt with in the

impugned order as und