Full Text
Date of Decision: 2nd May, 2012 MAC. APP. No.293/2009 & CM. APPL. No.16425/2011
NATIONAL INSURANCE CO. LTD. ..... Appellant
Through Mr. Pradeep Gaur, Advocate
Through Mr. O.P. Mannie, Advocate for the Respondent No.2
JUDGMENT
1. The Appellant impugns a judgment dated 02.12.2008 passed by the Claims Tribunal whereby a compensation of `90,930/- was granted with interest @ 7.5% per annum and the Appellant Insurance Company was made liable to pay the compensation.
2. In this Appeal, the liability was disputed on the ground that the driving licence held by the driver of the offending vehicle was fake and, thus the Appellant was entitled to at least grant of recovery rights.
3. During the pendency of the Appeal, the driving licence was supplied by the owner (the Respondent No.2) to the 2012:DHC:3003 MAC. APP. No.293/2009 Appellant for verification of its genuineness. It is admitted by the learned counsel for the Appellant that the licence has been found to be genuine.
4. The statutory amount of `25,000/- shall be refunded to the Appellant Insurance Company.
5. Nothing survives in the Appeal; the same is accordingly dismissed.
JUDGE MAY 02, 2012 pst