Full Text
HIGH COURT OF DELHI
JUDGMENT
NEW INDIA ASSURANCE CO LTD. ..... Appellant Represented by: Mr.Shantanu Bhardwaj for
Mr. Kanwal Chaudhary, Advocate.
Mr. Nalin L. Sahay, Advocate for Respondent Nos. 4 and 5.
CM NoS. 12503/2012 (for directions) & 14653/2013 (U/s 151 CPC)
As reported, in pursuance of order dated 25.09.2013, the appellant/Insurance Company has deposited the amount, therefore, both these applications have become infructuous.
The same are accordingly dismissed.
1. Vide the present appeal, the appellant/Insurance Company has assailed the impugned award dated 29.11.2010, whereby the learned 2014:DHC:144 Tribunal has awarded compensation for a sum of Rs.6,37,000/- with interest at the rate of 9% per annum from the date of filing of the claim petition till realization.
2. The only ground taken in the present appeal is that respondent No.3, i.e., driver of the offending vehicle was not holding valid driving licence on the date of accident, despite, the learned Tribunal has erred in not granting recovery rights in favour of the appellant/Insurance Company and against respondent Nos. 3 and 4, i.e., driver and owner of the offending vehicle.
3. To prove this fact, the appellant/Insurance Company has examined R3W[1], Sh. S.C. Mahajan, Administrative Officer, who deposed that vehicle was driven by respondent No.3 without having valid driving licence and permit for the same, therefore, the appellant company is not liable to pay any compensation.
4. On perusal of the charge sheet, it is noted by the learned Tribunal that driver of the offending vehicle was not charge sheeted for the offence punishable under Sections 3/181 of the Motor Vehicles Act, 1988. The appellant/Insurance Company has relied only on the notice sent to the driver and owner of the offending vehicle under Order XII Rule 8 CPC.
5. The fact remains that respondent Nos. 3 and 4 were proceeded ex parte before the learned Tribunal. The appellant company failed to examine any witness to prove that driving licence of the driver was not valid on the date of the accident. Thus, the learned Tribunal has rightly not granted any recovery right.
6. Be that as it may, during pendency of this appeal, the appellant/Insurance Company has verified the driving licence bearing No.39699/E/99 dated 16.06.1999 of the driver/respondent No.3 from the concerned Licensing Authority, Etah (U.P.) vide report dated 19.05.2012, issued for M/Cycle+LMV(NT), which was valid from 31.03.2006 to 30.03.2009 and further revalidated from 31.12.2009 to 30.12.2012. As the accident took place on 19.08.2008, therefore, the aforenoted driving license was valid on the date of accident.
7. In view of the above discussion, I do not find any merit in the instant appeal. The same is accordingly dismissed.
8. Consequently, statutory amount be released in favour of the appellant/Insurance Company.
9. Remaining compensation amount shall be released in favour of the respondents/claimants on taking necessary steps by them. CM No. 5215/2011 (for stay) With the dismissal of the appeal itself, this application has become infructuous. The same is accordingly dismissed.
SURESH KAIT, J. JANUARY 09, 2014 Sb/jg