Held that the insurer's claim for recovery of compensation from the vehicle owner was set aside. The court held the deceased was not a mere passenger and the driver's negligence precluded recovery rights against the owner.
Impugned judgment granting recovery rights set aside; statutory amount refunded to appellant; appeal allowed.
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
Decided on: 4th August, 2017
Versus
THE UNITED INDIA INSURANCE CO. LTD. & ORS. ..... Respondents Through: Mr. D.K. Sharma, Advocate for R-1
CORAM: HON'BLE MR. JUSTICE R.K.GAUBA
JUDGMENT (ORAL)
MAC Appeal No.137/2009
Page 1 of 2
R.K.GAUBA, J.
AUGUST 04, 2017/vk
MAC Appeal No.137/2009
Page 2 of 2
2 issues framed by the court
Whether the insurer was entitled to recover the compensation amount paid to the claimants from the registered owner of the vehicle.
Whether the deceased was travelling as a passenger in a goods vehicle for the purpose of livelihood.
Madan Lal
The United India Insurance Co. Ltd.
R.K. Gauba
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
