National Insurance Co. Ltd. vs Sunita Devi And Others
2023 Latest Caselaw 23925 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:174689
 
Court No. - 44
 
Case :- FIRST APPEAL FROM ORDER No. - 946 of 1998
 
Appellant :- National Insurance Co. Ltd.
 
Respondent :- Sunita Devi And Others
 
Counsel for Respondent :- C.P. Dwivedi,Ajay Singh
 

 
Hon'ble Dr. Kaushal Jayendra Thaker,J.

1. Despite notices none has remained present for respondents.

2. This First Appeal From Order has been filed under section 173 of Motor Vehicle Act, 1988 (hereinafter referred to 'Act, 1988') by appellant- insurance company being aggrieved by judgment and award dated 1.7.1998 passed by the Motor Accident Claims Tribunal/VI Additional District Judge, Jaunpur in Claim Case No.25 of 1995 awarding sum of Rs.1,39,100/-.

3. On a very short point appeal requires to be allowed. The grounds taken by the appellant is that neither the driver nor the claimants filed driving licence. The licence has to be filed by the person who is in possession of the same as per the law laid down by the Apex Court in the case of Pappu and others Versus Vinod Kumar Lamba and others, reported in AIR 2018 SC 592 .

4. This Court in several matters has held that it is a duty of owner who is liable to produce the documents otherwise the insurance company can plead that there is a breach of policy condition and an adverse inference has to be drawn some is a case here. The appeal is partly allowed.

5. The insurance company is granted what is known as recovery rights from the owner. The compensation awarded cannot be on the higher side as no future prospect has been taken into consideration and, therefore, the rate of interest would be adjusted as just compensation.

6. The appeal is partly allowed.

7. Record be sent back to the Tribunal forthwith.

8. The Tribunal will have right to recover from the owner / driver of the vehicle.

Order Date :- 29.8.2023/Mukesh