IFFCO TOKIO GENERAL INSURANCE COMPANY LTD, vs MAM CHAND AND ORS.

DAILY LOK ADALAT BENCH NO.3 517 FAO-506-2021 IFFCO TOKIO GENERAL INSURANCE COMPANY LTD, V/S MAM CHAND AND ORS. Present: Mr.Yogesh Gupta, Advocate for the appellant. Mr.Sumit Garg, Advocate for Mr.R.C.Gupta, Advocate for the respondents. Learned counsel for the Insurance company states that award of the learned MACT has been challenged on two counts i.e. the passengers in the vehicle being gratuitous and recovery rights have been granted in favour of the company whereas liability to pay should have been on the private respondents. He however, states that amount of compensation as awarded by the learned Tribunal has already been paid by the Insurance company. From the circumstances, the only grievance of the Insurance company to our mind is that recovery rights should not have been granted and the liability in the first instance should have been put on the private respondents. However, the amount of compensation has been deposited. This appeal is rendered infructuous and is disposed of accordingly. However, it shall be open to the Insurance company to take appropriate steps in accordance with law to recover the amount of compensation from the private respondents. Photocopy of this or