MAC .APP.No.536/2008 Page 1 of 3 13 *IN THE HIGH COURT OF DELHI AT NEW DELHI + MAC.APP.No.536/2008 Date of Decision: 21st July, 2009 % NATIONAL INSURANCE CO. LTD ..... Appellant Through : Mr. Pradeep Gaur, Adv. versus BEENA & ORS. ..... Respondents Through : None. CORAM :- THE HON'BLE MR. JUSTICE J.R. MIDHA 1. Whether Reporters of Local papers may YES be allowed to see the Judgment? 2. To be referred to the Reporter or not? YES 3. Whether the judgment should be YES reported in the Digest? JUDGMENT (Oral) MAC.APP. 536/2008 and CM No.15302/2008 1. The appellant has challenged the award of the learned Tribunal whereby compensation of Rs.2,50,000/- has been awarded to the claimants. 2. The learned Tribunal has passed the award against the appellant. The learned Tribunal has further held that there was violation of the permit by the insured and, therefore, recovery rights have been given to the appellant to recover the award amount from the insured on the ground that there had been violation of the permit conditions by the insured. MAC .APP.No.536/2008 Page 2 of 3 3. According to the learned counsel for the appellant, the insured was holding a permit of the offending bus for route No.355. However, the bus was being plied on route No.701 and there was no valid permit for the said route. 4. The only ground urged by the learned counsel for the appellant at the hearing of this appeal is that the appellant should be absolved from any liability to pay the award amount to the claimants. 5. I do not agree with the contention of the learned counsel for the appellant. Admittedly, there is a valid permit to ply the bus. For the minor violation of the bus plying on some other route, the appellant shall remain primarily liable to pay the award amount to the claimants and to recover it thereafter from the insured. The learned Tribunal has already given the recovery rights to the appellant which is in accordance with the law. The impugned award does not call for any interference. 6. The appeal is dismissed. 7. The appellant has deposited the entire award amount along with interest with the Registrar General of this Court in terms of the order dated 21st November, 2008. The stay on the release of the award amount to the claimants is vacated. 8. Notice be issued to claimants/respondents No.1 and 2 so that they can withdraw the award amount from this Court. The Court notice be also issued to the learned counsel for the claimants before the learned Tribunal. MAC .APP.No.536/2008 Page 3 of 3 9. List for further orders regarding release of the award amount to the claimants on 9th September, 2009. 10. The statutory amount of Rs.25,000/- be released to the appellant through counsel by the Registry within four weeks. 11. Copy of this order be given ‘Dasti’ to learned counsel for the appellant under the signature of Court Master. J.R. MIDHA, J JULY 21, 2009 aj