High CourtsSingle Bench(2018) 05 DEL CK 0486

M/S. RAMA SERVICE STATION vs GURDAYAL SINGH VERMA & OPRS. (BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD)

Delhi High Court · Decided on 31 May 2018

HON’BLE JUDGES
Sunil Gaur, J
RESULT
Disposed Of
CASE NUMBER
MAC APP 119 OF 2015 & CM No. 2437 OF 2015

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Judgment

19 paragraphs · 305 words

At the outset, it is pointed out by learned counsel for the parties that this appeal has no relation with MAC.APP. No. 1003/2016 and in fact, this appeal

has to be heard along with MAC APP. No. 314/2015.

In view of the aforesaid, last order of 21st February, 2017 is clarified to the extent that this appeal has to be heard along with the Main Appeal being

cross-appeal No. 314/2015.

Appellant is the owner of the vehicle involved in a vehicular accident against whom recovery rights have been granted by the MACT vide impugned

award of 8th September, 2014.

Now, by way of this application, CM No. 24025/2018 disposal of the appeals is sought on the basis of an out of Court settlement of  8th May, 2018

(Annexure-A to the application). Affidavit of the Authorized Representative of the respondent-insurance company is annexed with this application.

Authorized representative of the respondent-insurance company- Mohd. Bilal is present in Court. He has been duly identified by the counsel for the

respondent-insurance company.

Appellant’s counsel has handed over a cheque dated 15th May, 2018 of `2,66,000/- (Annexure-B with application) to the Authorized

Representative of respondent-insurance company, who has accepted it and he submits that now, the impugned award can be varied to deny recovery

rights to respondent-insurer against appellant.

While taking on record the Settlement of 8th May, 2018 (Annexure â€"A), this application is disposed of.

In view of the orders passed in CM No. 24025/2018, this appeal as well as cross-appeal i.e. MAC APP.No.314/2015 stand disposed of, as the subject

matter of both these appeals stands mutually resolved between the parties.

Bank Guarantee furnished by M/s. Rama Service Station in terms of orders of 4th February, 2015 and 3rd February, 2015 stands discharged, if it is

renewed.

Both the appeals and the application are accordingly disposed of.