Bajaj Alliznz Insurance Company ... vs Smt Prabha Devi And Others
2009 Latest Caselaw 4703 Del

12
*IN THE HIGH COURT OF DELHI AT NEW DELHI

                      +   MAC.APP.No.623/2008

                               Date of Decision: 18th November, 2009
%

      BAJAJ ALLIZNZ INSURANCE COMPANY LTD. ..... Appellant
                      Through: Mr. Neerja Sachdeva, Adv.

                      versus

    SMT PRABHA DEVI AND OTHERS         ..... Respondents
                  Through: Mr. Navneet Goyal, Adv. for
                             Respondent No.1 to 3.
CORAM :-
THE HON'BLE MR. JUSTICE J.R. MIDHA

1.      Whether Reporters of Local papers may                  YES
        be allowed to see the Judgment?

2.      To be referred to the Reporter or not?                 YES

3.      Whether the judgment should be                         YES
        reported in the Digest?

                          JUDGMENT (Oral)

1. The appellant has challenged the award of the learned

Tribunal whereby compensation of Rs.8,16,000/- has been

awarded to the claimants/respondents No.1 to 3.

2. The accident dated 4th March, 2007 resulted in death of

Jai Ram Chaurasia whose legal representatives filed the claim

petition before the learned Tribunal.

3. The only ground urged before the learned counsel for

the appellant at the time of the hearing of this appeal is that

the driving licence of the driver of the offending vehicle is

fake and, therefore, the learned Tribunal ought to have given

recovery rights to the appellant to recover the award amount

from the owner of the offending vehicle.

4. The appellant examined R2W1 from the RTO Office,

Kohima, Nagaland and proved report Ex.R2W1/1 and

Ex.R2W1/2 to the effect that the driving licence of the

offending vehicle was fake. The appellant also gave notice

under Order 12 Rule 8 of Code of Civil Procedure which was

proved by R2W2 as Ex.R2W2/2.

5. The appellant has successfully proved before the

learned Tribunal that the driving licence of the offending

vehicle was fake and, therefore, the appellant is entitled to

the recovery rights. The finding of the learned Tribunal in

this regard is modified and the recovery rights are given to

the appellant to recover the award amount from the

respondent No.4 after making the payment to

claimants/respondents No.1 to 3.

6. The appellant has deposited the award amount after

adjusting the statutory amount in terms of order dated 29 th

January, 2009. The Registrar General of this Court is directed

to release the statutory amount as well as the award amount

deposited by the appellant to claimants/respondents No.1 to

3 in terms of the award.

7. Copy of this order be given 'Dasti' to learned counsel

for the parties under signatures of Court Master.

J.R. MIDHA, J NOVEMBER 18, 2009 s.pal