New India Assurance Company Ltd. v. Smt Sunita Devi and 4 Ors.
Case brief
What is this about?
Insurer's appeal under Section 173 of the Motor Vehicles Act, 1988 (MACApp./232/2017, New India Assurance Company Ltd v. Smt Sunita Devi & Ors, Gauhati High Court, neutral citation 2026:GAU-AS:6087) not pressed after deposit of the awarded compensation of Rs. 6,55,800/- with 6% per annum interest; disposed of with pay-and-recover liberty against the owner of the offending vehicle (respondent No. 5). Keywords: Section 173 MV Act; appeal not pursued; compensation deposited and withdrawn; liberty to recover from owner of offending vehicle; Apex Court guidelines.
What did the court decide?
Liberty to the appellant-Insurance Company to recover the amount of compensation paid by it to the respondent/claimant from the owner of the offending vehicle (respondent No. 5), if it desires to do so, as per the guidelines laid down by the Apex Court; appeal closed and disposed of as not pressed.