Oriental Insurance Co. Ltd. vs Pyare Lal & Ors.
2010 Latest Caselaw 777 Del

15
*IN THE HIGH COURT OF DELHI AT NEW DELHI

                     +    MAC.APP.No.56/2006

                              Date of Decision: 10th February, 2010
%

      ORIENTAL INSURANCE CO. LTD.          ..... Appellant
                    Through : Mr. S.L. Gupta and
                              Mr. Ram Ashray, Advs.

                     versus

      PYARE LAL & ORS.                           ..... Respondents
                    Through : None.

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.2,52,000/- has been

awarded to claimants/respondents No.6 and 7. The appellant

is the insurer of the offending vehicle and has been held

liable to pay the compensation.

2. The learned counsel for the appellant submits that the

offending vehicle was driven by respondent No.5 at the time

of the accident and respondent No.5 was not holding any

driving licence at the time of the accident and, therefore, the

appellant is entitled to recovery rights against respondents

No.1 and 2.

3. Respondent No.5 is the driver of the offending vehicle

and he appeared in the witness box before the Claims

Tribunal as R4W3 and admitted that he was never holding

any licence to drive any vehicle. R4W3 further admitted that

even at the time of appearing before the Claims Tribunal in

the witness box, he was not holding any licence to drive any

vehicle. In view of the aforesaid admission of respondent

No.5, the appellant is entitled to recovery rights against

respondents No.1 and 2. Respondent No.1 is the registered

owner of the offending vehicle and respondent No.2 is the

purchaser of the said vehicle and the appellant is entitled to

recovery rights against both of them.

4. The appeal is allowed and the impugned award is

modified to the extent that the appellant is granted recovery

rights to recover the award amount from respondents No.1

and 2.

5. The statutory amount deposited by the appellant along

with this appeal be refunded back to the appellant through

counsel within four weeks.

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

for the appellant under the signature of Court Master.

J.R. MIDHA, J FEBRUARY 10, 2010 aj