Delhi High Court
Universal Sompo General Insurance ... vs Vijay & Vicky And Anr on 9 July, 2012
Author: G.P. Mittal
Bench: G.P.Mittal
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 9th July, 2012
+ MAC.APP. 678/2011
UNIVERSAL SOMPO GENERAL INSURANCE COMPANY
LTD ..... Appellant
Through: Mr. Vivek Kishore, Adv. with
Mr. Rajat Khattary, Adv.
versus
VIJAY & VICKY AND ANR ..... Respondent
Through: Nemo.
CORAM:
HON'BLE MR. JUSTICE G.P.MITTAL
JUDGMENT
G. P. MITTAL, J. (ORAL)
1. The Appellant Universal Sompo General Insurance Company Ltd. impugns a judgment dated 07.04.2011 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby a compensation of `1,01,000/- was awarded in favour of the Second Respondent for having suffered injuries in a motor vehicle accident which occurred on 21.12.2009.
2. The quantum of compensation and liability to pay it to the Second Respondent is not disputed.
3. The sole contention raised by the learned counsel for the Appellant is that since the insured i.e. the First Respondent was MAC. APP. 678/2011 Page 1 of 2 driving the two wheeler under the influence of alcohol, which was confirmed by medical examination, the First Respondent committed a breach of the terms of the policy and was, therefore, entitled to recovery rights. No such defence has been made available to an insurer by virtue of Section 149 of the Motor Vehicles Act.
4. The Appeal is frivolous; the same is dismissed with costs of `10,000/- to be deposited with the Delhi High Court Legal Services Committee within four weeks.
5. On deposit of costs, the Appellant Insurance Company shall be entitled to refund of the statutory amount of `25,000/-.
6. Pending Applications stand disposed of.
(G.P. MITTAL) JUDGE JULY 09, 2012 vk MAC. APP. 678/2011 Page 2 of 2