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IN THE SUPREME COURT OF INDIA

CIVIL  APPELLATE JURISDICTION  

CIVIL     APPEAL     NO.     4055       OF      2007   

UNITED INDIA INSURANCE COMPANY LTD.       Appellant(s)

                    :VERSUS:

BABU RAM THAKUR & ANR.                    Respondent(s)

O     R     D     E     R   

1. Heard the learned counsel for the appellant.  

2. This appeal is directed against the judgment  

and order dated 19th April, 2006 passed by the  

National Consumer Disputes Redressal Commission, New  

Delhi in First Appeal No.206 of 1997.  

3. Learned counsel appearing for the appellant  

submits that this case is covered by a decision of  

this Court in National     Insurance     Co.      Ltd.   Vs. Laxmi  

Narain     Dhut  , (2007) 3 SCC 700. Learned counsel for  

the appellant has relied upon paragraphs 36 to 38 of

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that judgment where it is mentioned that the  

decision in National     Insurance     Co.     Ltd.   Vs. Swaran  

Singh     and     Ors.  , (2004) 3 SCC 297, has no application  

to cases other than third-party risks. It is further  

mentioned therein that in case of third-party risks  

the insurer has to indemnify the amount, and if so  

advised, to recover the same from the insured.   

4. In view of the judgment of this Court in the  

case of Laxmi Narain Dhut (supra), this appeal is  

allowed. However, in the peculiar facts and  

circumstances of this case, we direct that whatever  

amount has been paid to the respondents by the  

appellant, shall not be recovered from them.  

.....................J (DALVEER BHANDARI)

.....................J (DIPAK MISRA)

New Delhi; February 28, 2012.