Manjit Singh vs The Oriental Insurance Co. Ltd. & ...
2011 Latest Caselaw 6035 Del

R-2(P-1)
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                      +    MAC.APP.No.661/2007

%                             Date of decision: 9th December, 2011

      MANJIT SINGH                              ..... Appellant
                           Through : Ms. Suman Bagga, Adv.
                      versus

      THE ORIENTAL INSURANCE CO.
      LTD. & ORS.                         ..... Respondents
                     Through : Mr. A.K. Soni, Adv. for R-1.

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

                           JUDGMENT (ORAL)

1. The appellant is the owner of the offending vehicle

bearing No.HR-38-C-5964 which met with an accident on 26th

December, 1998 resulting in the death of Sahi Ram. The legal

heirs of the deceased filed the claim petition against the driver,

owner and Insurance Company of the offending vehicle.

2. Vide award dated 28th January, 2006, the Claims Tribunal

awarded a sum of `1,50,000/- along with interest @ 6% per

annum to the legal representatives of the deceased. The

Tribunal directed respondent No.1 to pay the award amount to

the claimants and thereafter recover the same from the

appellant. The recovery rights were given to respondent No.1

on the ground that the driver of the offending vehicle was not

holding a valid driving licence at the time of the accident.

3. Respondent No.1 has recovered the award amount from

the appellant after making the payment to the claimants in

terms of the award.

4. During the pendency of this appeal, the appellant filed an

affidavit dated 29th November, 2007 stating that there was

another valid driving licence in favour of respondent No.2. The

appellant filed the Driving Licence of respondent No.2, Visual

Inspection Report and Driving Licence Verification Report along

with the said affidavit.

5. Vide order dated 22nd January, 2009, respondent No.1

was directed to verify the correctness and genuineness of the

licence and the documents filed by the appellant.

6. The learned counsel for respondent No.1 submits that the

driving licence of respondent No.2 produced by the appellant

has been verified to be genuine. The original verification

report has been placed on record by respondent No.1 which is

taken on record.

7. In view of the valid driving licence held by respondent

No.2 at the time of the accident, the appeal is allowed to the

extent that the recovery rights granted by the learned Tribunal

to respondent No.1 to recover the award amount from the

appellant are set aside. Consequently, respondent No.1 is

directed to refund back the recovered amount to the appellant

along with interest @ 6% per annum from the date of the

payment of the amount.

8. The LCR be sent back forthwith.

J.R. MIDHA, J DECEMBER 09, 2011 aj