Suresh Kumar Arora vs National Insurance Co.Ltd. & Ors
2009 Latest Caselaw 4142 Del

4
*       IN THE HIGH COURT OF DELHI AT NEW DELHI

                       +       MAC.APP.No.392/2008

%                                 Date of decision: 13th October, 2009

      SURESH KUMAR ARORA            ..... Appellant
                   Through : Mr. Kishore. M. Gajaria,
                             Mr. Rajiv Shukla, Mr. Sushant
                             Sharma, Mr. Bhawna Gaur,
                             Mr. Naresh Yadav and
                             Mr. Qazi Riaz Masood, Advs.

                      versus

      NATIONAL INSURANCE CO.LTD. & ORS .... Respondents
                    Through : Mr. Pradeep Gaur, Adv.

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

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

2.      To be referred to the Reporter or not?

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

                               JUDGMENT (Oral)

1. The appellant has challenged the award of the learned

Tribunal whereby compensation of Rs.5,73,752/- has been

awarded to claimants/respondents No.2 to 6.

2. The accident dated 14th March, 2006 resulted in the death

of Yad Giri. The deceased was survived by his widow, two

daughters, a son and parents who filed the claim petition before

the learned Tribunal.

3. The accident in question was caused by truck bearing

registration No.HR-38-8042 which was owned by the appellant

and was insured with respondent No.1. Respondent No.1

contested the claim petition on the ground that the appellant was

not holding the valid permit to ply the said truck in Delhi.

Respondent No.1 placed on record the verification report of the

permit - Ex.R3W1/B and the report of the Road Transport

Authority - Ex.R3W1/C.

4. The learned Tribunal accepted the plea of respondent No.1

and granted the recovery rights to respondent No.1 to recover

the award amount from the appellant after making the payment

to the claimants.

5. The appellant has filed this appeal on the ground that the

appellant was holding the valid permit to ply the offending

vehicle in Delhi at the time of the accident. The appellant placed

on record the permit to ply the offending vehicle in Delhi at the

time of the accident. This document was not placed on record by

the appellant before the learned Tribunal.

6. Vide order dated 13th May, 2009, respondent No.1 was

directed to verify the genuineness of the permit through its

Investigator.

7. In pursuance to the order dated 13th May, 2009, respondent

No.1 verified the permit through its Investigator and found the

same to be genuine. The verification report has been handed

over by learned counsel for respondent No.1 which is taken on

record.

8. Since respondent No.1 has verified the permit of the

appellant to be genuine, respondent No.1 is not entitled to

recovery rights against the appellant.

9. In view of the above, the appeal is allowed and the

impugned award is set aside in so far as the learned Tribunal has

granted the recovery rights to respondent No.1 to recover the

award amount from the appellant.

10. The statutory amount deposited by the appellant along with

this appeal be refunded to the appellant through counsel within

four weeks.

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

parties under the signature of Court Master.

J.R. MIDHA, J

OCTOBER 13, 2009 aj