BHARTI AXA GENERAL INSURANCE CO LTD vs SMT IRABATI & ORS

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 01 April 2025 Judgment pronounced on: 03 April 2025 + FAO 420/2013 BHARTI AXA GENERAL INSURANCE CO LTD .....Appellant Through: None. versus SMT IRABATI & ORS .....Respondents Through: Mr. R K Nain, Ms. Pratima N Lakra & Mr. Chandan Prajapati, Advs. for R1 to R4. CORAM: HON'BLE MR. JUSTICE DHARMESH SHARMA JUDGMENT DHARMESH SHARMA, J. 1. No one appeared for the appellant/Insurance Company as also for respondent no.5 i.e., registered owner/insurer of the vehicle in question, when the matter was called. 2. Learned counsel appearing for the respondent nos.1 to 4/claimants has invited the attention of this Court to order dated 13.11.2013 passed by this Court whereby 50% of the amount awarded to the respondents/claimants has been ordered to be released out of the total compensation of ₹7,13,960/- along with interest at the rate of 12% per annum from the date of accident till the date of realization. He further pointed out that in terms of the order dated 20.03.2018, this Court had observed that the present appeal is confined to the appellant/Insurance Company seeking recovery rights against the Signature Not Verified FAO 420/2013 Digitally Signed By:PRAMOD Page 1 of 8 KUMAR VATS Signing Date:04.04.2025 15:04:40 respondent no.5 who is the insured/employer/registered owner of the vehicle in question. ANALYSIS AND DECISION 3. Having heard the learned counsel for the respondents/claimants and on perusal of the record, this Court proceeds to decide the present appeal. 4. The appellant/Insurance Company has preferred this appeal under Section 30 of the Employee’s Compensation Act, 1923 (‘the EC Act’) assailing the impugned order dated 14.08.2013 passed by the learned Commissioner, Employees Compensation primarily on t