Full Text
Date of Decision: 7th April, 2016
NEW INDIA ASSURANCE CO LTD..... Appellant
Through Ms. Archana Gaur, Adv.
Through Mr. Navneet Goyal, Adv. for R-1
JUDGMENT
1. By the appeal at hand, the insurance company presses for recovery rights against the second respondent (Prem Singh) who is the registered owner, as well as the driver of the offending vehicle described as motorcycle No.DL 3S BE 6156, inter alia, on the ground that he was under the influence of alcohol at the relevant point of time and was guilty of contributory negligence.
2. The notice to the second respondent had returned unserved as noted by the registry in the proceedings recorded on 14.11.2014. In spite of repeated opportunities the appellant did not take steps for service and thus, the matter was adjourned on 27.01.2015, 06.04.2015, 25.05.2015 and 13.08.2015 by the Registrar. No explanation worth the name has been 2016:DHC:2911 MAC APP. No272/2014 submitted even today for the repeated defaults.
3. Thus, the appeal against the second respondent is dismissed for nonprosecution. In the result, the appeal is rendered bad for non-joinder of necessary party and consequently dismissed.
4. The balance of the amount deposited by the insurer in terms of order dated 03.04.2014 shall also be released to the claimant.
5. Statutory deposit, if made, shall be refunded.
6. The appeal is disposed of in above terms.
R.K. GAUBA (JUDGE) APRIL 07, 2016 VLD