National Insurance Co Ltd vs Nirmala Devi & Ors
2009 Latest Caselaw 4701 Del

5
*       IN THE HIGH COURT OF DELHI AT NEW DELHI

                       +       MAC.APP.No.387/2006

%                                 Date of decision: 18th November, 2009


      NATIONAL INSURANCE CO LTD        ..... Appellant
                    Through : Ms. Nanita Sharma, Adv.

                      versus

      NIRMALA DEVI & ORS           ..... Respondents
                    Through : Mr. Padam Choudhary, Adv.
                              for R-1 to 6.

CORAM :-
THE HON'BLE MR. JUSTICE J.R. MIDHA

1.      Whether Reporters of Local papers may                NO
        be allowed to see the Judgment?

2.      To be referred to the Reporter or not?               NO

3.      Whether the judgment should be                       NO
        reported in the Digest?

                               JUDGMENT (Oral)

1. The appellant has challenged the award of the learned

Tribunal whereby compensation of Rs.6,53,000/- has been

awarded to claimants/respondents No.1 to 6.

2. The accident dated 12th January, 2001 resulted in the death

of Pramod Chaudhary. The deceased was survived by his widow,

daughter, two sons and parents who filed the claim petition

before the learned Tribunal.

3. The only ground urged by the appellant at the time of

hearing of this appeal is that the driver of the offending vehicle

was not holding any driving licence at the time of the accident.

4. The learned counsel for claimants/respondents No.1 to 6

submits that the driver was holding the driving licence at the

time of the accident which was seized by the police and was part

of the record of the learned Metropolitan Magistrate where the

criminal case was taken up. The learned counsel has placed on

record the copy of the driving licence obtained from the record of

the learned Metropolitan Magistrate. The driver was holding a

driving licence No.C03121998110026 for the period 4th

December, 1998 to 3rd December, 2001 for HTV.

5. In view of the driving licence placed on record by

claimants/respondents No.1 to 6, the plea of learned counsel for

the appellant does not hold good.

6. There is no merit in the appeal which is dismissed.

7. The statutory amount of Rs.25,000/- deposited by the

appellant along with this appeal be returned back to the

appellant through counsel within four weeks.

8. Copy of this order be given 'Dasti' to learned counsel for the

parties under the signature of Court Master.

J.R. MIDHA, J

NOVEMBER 18, 2009 aj