Universal Sompo Gen Ins Co Ltd vs Reena Kumari & Ors on 29 July, 2026

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    Delhi High Court

    Universal Sompo Gen Ins Co Ltd vs Reena Kumari & Ors on 29 July, 2026

    Author: Manoj Kumar Ohri

    Bench: Manoj Kumar Ohri

                              *     IN THE HIGH COURT OF DELHI AT NEW DELHI
    
                              %                                       Reserved on       : 13.07.2026
                                                                      Pronounced on     : 29.07.2026
                                                                      Uploaded on       : 30.07.2026
    
                              +            FAO 434/2017 and CM APPL. 40402/2017
    
                              UNIVERSAL SOMPO GEN INS CO LTD          .....Appellant
                                               Through: Mr. Mohammad Mustafa, Advocate
    
                                                        versus
    
                              REENA KUMARI & ORS                                        .....Respondents
                                               Through:               Dr. Sanjay Kumar Tiwary, Advocate
                                                                      for Respondent No. 6
    
                              CORAM:
                              HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
    
                                                              JUDGMENT
    

    1. The present appeal has been preferred assailing the order dated
    23.05.2017 passed by the learned Commissioner Employees Compensation
    in Case No. CEC-D/NW/220/2015/220.

    Vide the said order, the claim application filed by respondent nos. 1 to
    5 (hereinafter the “claimants”) came to be allowed and the appellant, along
    with respondent no. 6, was held jointly and severally liable to pay
    compensation of Rs.3,63,846/- along with further simple interest @ 12% per
    annum w.e.f. 24.05.2017 till its realization.

    SPONSORED

    2. Briefly stated, Sh. Mahesh Chandra Mishra @ Mahesh Chand
    (hereinafter the “deceased”) was employed as a driver on truck bearing
    registration no. HR-55E-5025 owned by respondent no. 6. On 18.03.2013,
    the deceased met with an accident out of and during the course of his

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    employment, resulting in his death. The vehicle in question was returning
    from Nepal when its brakes allegedly failed on a downward mountain road,
    causing the deceased to lose control of the vehicle, which collided with
    another vehicle. The deceased succumbed to the injuries sustained in the
    accident. The claimants, being the dependants of the deceased, thereafter
    instituted the underlying claim application under the provisions of the
    Employee’s Compensation Act, 1923 (hereinafter the “EC Act“).

    3. Before the learned Commissioner, the appellant as well as respondent
    no. 6 resisted the claim application on various grounds. Respondent no. 6
    contended that the claimants had not approached the learned Commissioner
    with clean hands as they had suppressed the fact that they had already
    received a sum of Rs.4,75,000/- from one NLG Insurance Co. Ltd. under the
    Motor Vehicle and Management Act, 1993 of Nepal. The appellant similarly
    contended that the claim application was barred under Section 167 of the
    Motor Vehicles Act, 1988 (hereinafter the “MV Act“), as the claimants had
    already availed compensation by way of a motor accident claim. The
    appellant further contended that there was no privity of contract between it
    and the claimants; that the accident had never been intimated to it despite
    there being a policy condition requiring immediate intimation; that no
    additional premium had been paid for plying the insured vehicle outside the
    territory of India, whereas the accident had admittedly occurred in Nepal;
    and that there existed no employer-employee relationship between the
    appellant and the deceased. It was, accordingly, prayed that the claim
    application be dismissed.

    4. The claimants opposed the aforesaid objections and submitted that
    they had never filed any application or preferred any motor accident claim

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    seeking compensation. It was further submitted that the amount received
    from NLG Insurance Co. Ltd. did not disentitle them from maintaining the
    present proceedings. Reliance was also placed upon Section 17 of the EC
    Act to contend that any compensation paid otherwise than by deposit before
    the Commissioner could not be treated as compensation under the EC Act.

    5. Upon consideration of the rival submissions, the learned
    Commissioner rejected the contentions put forth by the appellant and
    respondent no. 6. It was held that neither of them had been able to establish
    that the claimants had instituted any proceedings under the MV Act, either
    in India or abroad, so as to attract the bar contained in Section 167 of the
    MV Act. The learned Commissioner further held that the mere receipt of
    amounts from NLG Insurance Co. Ltd. did not debar the claimants from
    maintaining proceedings under the EC Act. Learned Commissioner relied
    upon the decision of the Supreme Court in National Insurance Company
    Ltd. Vs. Sinitha & Ors.1
    and directed that the amount already received by the
    claimants from NLG Insurance Co. Ltd. be deducted while computing the
    compensation payable to them under the EC Act. The remaining objections
    raised by the appellant regarding breach of insurance policy conditions, non-
    payment of additional premium, and non-intimation of the accident also
    came to be rejected. Aggrieved thereby, the appellant preferred the present
    appeal.

    6. It is pertinent to note that during the course of hearing the present
    appeal, this Court, vide order dated 19.03.2026, recorded the statement of
    the learned counsel for the appellant that, in view of the amount of
    Rs.4,75,000/- already having been deducted from the compensation awarded
    1
    (2012) 2 SCC 356

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    by the learned Commissioner, the appellant did not wish to press its
    challenge to the maintainability of the claim application. The controversy
    was, thus, expressly confined to the limited question of the appellant’s
    entitlement to recovery rights against respondent no. 6. Accordingly, the
    only issue which survives for consideration in the present appeal is whether
    the appellant is entitled to recover the amount paid by it to the claimants
    from respondent no. 6.

    7. Learned counsel for the appellant contends that the learned
    Commissioner erred by not granting the insurer/appellant recovery rights
    against the employer/respondent no. 6. He contends that respondent no. 6
    breached the terms and conditions of the insurance policy by permitting the
    deceased to drive the insured vehicle despite his driving license having
    expired. It is further submitted that respondent no. 6 also permitted the
    insured vehicle to ply outside the territorial limits of India, despite no
    additional premium having been paid for such use. It is, therefore, contended
    that while the appellant may be liable to satisfy the impugned order with
    respect to the claimants, the principle of “pay and recover” should apply,
    and the appellant would accordingly be entitled to recover the amount so
    paid from respondent no. 6.

    8. Per contra, learned counsel appearing for respondent no. 6 submits
    that no breach of the insurance policy’s conditions warranting grant of
    recovery rights has been established. He accordingly prays for the present
    appeal to be dismissed.

    9. I have heard the learned counsels for the parties and perused the
    material placed on record.

    10. A perusal of the impugned order shows that while dealing with the

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    contentions raised by the appellant, the learned Commissioner specifically
    noted that the driving license of the deceased had expired prior to the date of
    the accident. The learned Commissioner further observed that, on all such
    issues, the appellant would only have a remedy against the
    employer/respondent no. 6 and could not escape its liability of indemnifying
    the insured for the liability arising on account of injury suffered by the
    deceased during the course of his employment.

    11. This Court finds no infirmity with the view taken by the learned
    Commissioner insofar as the claimants, being the dependants of the
    deceased employee, could not be deprived of compensation on account of
    disputes inter se the appellant and respondent no. 6. The direction requiring
    the appellant to satisfy the impugned order, therefore, warrants no
    interference.

    12. However, with respect to the doctrine of “pay and recover” sought to
    be relied upon by the appellant, a gainful reference may be made to the
    decision of the Supreme Court in Rama Bai Vs. Amit Minerals2. In the said
    case, while seized of a dispute arising from a motor accident claim wherein
    the offending driver did not possess a valid driving license on the date of the
    accident, the Supreme Court discussed a catena of its decisions on the
    subject of “pay and recover”. It ultimately held that the insurance company
    has to pay the compensation amount payable to the third party and may
    thereafter recover the same from the insured. The relevant portion from the
    said decision
    is reproduced hereunder:-

    “5. The submission on part of the appellant that the High Court
    ought to have applied the “pay and recover” principle rests on the
    decision of this Court in Shamanna1 (supra) and Parminder Singh2

    2
    2025 SCC OnLine SC 2067

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    (supra). In Shamanna1 (supra) this Court dealt with the claim of
    compensation by third party victim of the motor accident. In para 5 of the
    judgment, this Court referred to its own earlier decision in National
    Insurance Co. Ltd. v. Swaran Singh4
    to reiterate that the insurer has to
    pay the compensation amount payable to the third party and the insurance
    company may recover the same thereafter from the insured.

    5.1 In Shamanna1 in which the doctrine of “pay and recover” was
    considered, the driver had no valid licence and the insurance policy was
    violated. Similar principle, as applied in Parminder Singh2 in which the
    driver of the offending vehicle was found driving the vehicle in breach of
    the policy conditions, the insurance company was absolved and the
    principle of „pay and recover‟ was applied.

    5.2 It was pointed out on behalf of respondent No. 3 – Insurance
    Company that in subsequent decision in National Insurance Company
    Limited v. Parvathneni5
    , this Court doubted the justification of applying
    the principle of pay and recover on the ground that if the Insurance
    Company was found not liable in law to pay the compensation, the
    direction regarding pay and recover can be said to be beyond the legal
    propriety.

    5.2.1 In the earlier decisions in National Insurance Co. Ltd. v.
    Yellamma6
    , Samundra Devi v. Narendra Kaur7, Oriental Insurance Co.
    Ltd. v. Brij Mohan8
    and New India Insurance Co. v. Darshana Devi9 this
    Court had applied the very principle, about the correctness of which,
    reservations were expressed in Parvathneni5.

    5.2.2 However, as found in Shamanna1 the reference was not
    answered and the case was disposed of on 17.09.2013, keeping the
    question of law open to be decided in an appropriate case.

    6. In the present case as stated above, on the date of accident, the
    driver had no valid license and the licence was not renewed. The
    insurance company was entitled to take a valid defence in that regard
    under Section 149 (2)(a)(ii) as the driver of the offending vehicle was not
    duly licensed, to avoid its liability to pay the compensation. The conditions
    in law are satisfied to absolve the insurance company from the payment of
    compensation.

    6.1 The High Court in the impugned judgment relied upon the
    decision in Ram Babu Tiwari3 to find that as per the specific provisions of
    the Motor Vehicles Act, if the driver does not possess a valid and effective
    driving licence, it results in a breach of conditions of the insurance policy,
    exonerating the insurer from its liability. But while affirming the order of
    the High Court, absolving the liability for breach of conditions in the
    policy, this Court refused to interfere with orders of „pay and recover‟ as
    directed by the High Court.

    7. In the above circumstances, going by the series of decisions of
    this Court, it is only proper that the insurer be directed to satisfy the

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    award, which however can be recovered by the insurer from the insured-
    owner of the vehicle. The appeal stands allowed.

    Pending application, if any, shall stand disposed of.”

    13. In view of the position of law detailed in the above-cited decision, this
    Court is of the considered opinion that, in the facts of the present case, the
    appellant is entitled to the relief of “pay and recover”. To this limited extent,
    the impugned order calls for modification.

    14. Accordingly, the impugned order is modified insofar as the appellant
    shall be entitled to recover from respondent no. 6 the amount paid by it
    towards satisfaction of the impugned order.

    15. It is clarified that the rights of the claimants under the impugned order
    shall remain unaffected.

    16. If the compensation deposited by the appellant before the learned
    Commissioner has not already been released in favour of the claimants, the
    same be done expeditiously, along with the interest accrued thereon, if any.

    17. The present appeal, along with the pending application, is disposed of
    in the above terms.

    (MANOJ KUMAR OHRI)
    JUDGE
    JULY 30, 2026
    nb

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