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[Cites 1, Cited by 2]

Supreme Court - Daily Orders

Manoj Kumar vs National Insurance Company Ltd. on 27 September, 2018

Bench: Arun Mishra, Vineet Saran

     ITEM NO.17                           COURT NO.8               SECTION XIV

                              S U P R E M E C O U R T O F      I N D I A
                                      RECORD OF PROCEEDINGS

     Petition(s) for Special Leave to Appeal (C)              No(s).    16082/2012

     (Arising out of impugned final judgment and order dated 26-08-2011
     in MACA No. 26/2009 passed by the High Court Of Delhi At New Delhi)

     MANOJ KUMAR                                                       Petitioner(s)
                                                 VERSUS

     NATIONAL INSURANCE COMPANY LTD. & ORS.                            Respondent(s)

      WITH
     SLP(C) No. 36364-36365/2014 (IV-A)

     Date : 27-09-2018 These petitions were called on for hearing today.

     CORAM :
                         HON'BLE MR. JUSTICE ARUN MISHRA
                         HON'BLE MR. JUSTICE VINEET SARAN

     For Petitioner(s)             Mr. Sameer Shrivastava, Adv.
                                   Ms. Vijeta Ohri, Adv.
                                   Mr. Akshat Shrivastava, AOR

                                    Ms. Anindita Mitra, AOR
                                    Ms. Priyadarshi, Adv.
                                    Mr. Banerjee, Adv.

     For Respondent(s)             Mr. Manish Pratap Singh, Adv.
                                   Dr. Nafis A. Siddiqui, AOR

                                    Dr. Meera Agarwal, AOR
                                    Mr. R.C. Mishra, Adv.

                                   Mr.   Anish Kumar Gupta, AOR
                                   Mr.   Chandra Shekhar Suman, Adv.
                                   Ms.   Deep Shikha Bharati, Adv.
                                   Mr.   Nisarg Chaudhary,Adv.

                         UPON hearing the counsel the Court made the following
                                            O R D E R

Leave granted.

The appeal are allowed in terms of the signed order.

Signature Not Verified

Pending application, if any, also stand disposed of.

Digitally signed by NEELAM GULATI Date: 2018.09.28 16:45:04 IST Reason:

(NEELAM GULATI) (JAGDISH CHANDER) COURT MASTER (SH) BRANCH OFFICER (SIGNED ORDER IS PLACED ON THE FILE) IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No(s). OF 2018 (Arising out of SLP (C ) No. 16082 of 2012) MANOJ KUMAR Appellant(s) VERSUS NATIONAL INSURANCE COMPANY LTD. & ORS. Respondent(s) WITH CIVIL APPEAL No(s). OF 2018 (Arising out of SLP (C) Nos. 36364-36365 of 2014) O R D E R Leave granted.

As matter is covered by the decision of this Court passed by a three Judge Bench in Appeal bearing C.A. No. 5826 of 2011 (2017(14) SCC 663) titled Mukund Dewangan Vs. Oriental Insurance Company Limited, in view of what has been held in the above said matter. There is no right to recover the amount from the owner-insurer.

The instant appeals are accordingly allowed.

................J. (ARUN MISHRA) ................J. (VINEET SARAN) NEW DELHI;

SEPTEMBER 27, 2018