Oriental Insurance Co. Ltd. vs Bimla & Ors
2012 Latest Caselaw 462 Del

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*        IN THE HIGH COURT OF DELHI AT NEW DELHI

                                         Date of decision: 23rd January, 2012
+        CM(M). No.1406/2011

         ORIENTAL INSURANCE CO. LTD.       ..... Appellant
                      Through: Mr. J.P.N. Shah, Advocate

                          versus

         BIMLA & ORS                                     .... Respondents
                                   Through:   Mr. Naveen Kumar with Mr.
                                              Vikram Singh, Advocates for
                                              Respondents No.1 to 3

         CORAM:
         HON'BLE MR. JUSTICE G.P.MITTAL

                                   JUDGMENT

G. P. MITTAL, J. (ORAL)

1. This claim petition was instituted before the Claims Tribunal on 25.05.2011. Before that in pursuance of the detailed accident report, the matter was taken up by the Claims Tribunal on 23.03.2011. A copy of the driving licence was handed over to the counsel for the Oriental Insurance Company Ltd., who sought time to verify the same. By an order dated 02.09.2011, the Tribunal observed that the verification report in respect of the driving licence has not been filed by the Insurance

Company in terms of the directions of this Court in Rajesh Tyagi V Jaiveer Singh in FAO No.842/2003. The Appellant insurance company was burdened with cost of `5,000/- and was granted time to verify the driving licence by 27.09.2011.

2. On 27.09.2011, the Claims Tribunal struck out the Appellant defence as written statement was not filed and the driving licence had not been verified.

3. As per provision of Order VIII Rule 1, the Respondent insurance company was to file written statement within 30 days, which period of 30 days could be extended to 90 days or even further in an appropriate cases. (M/s R.N. Jadi and Brothers and Ors. V. Subhashchandra, AIR 2007 SC 2571, Kailash V. Nanhku and Others, AIR 2005 SC 2441(1) and Salem Advocate Bar Association, Tamil Nadu V. Union of India, AIR 2005 SC 3353(2). It is alleged by the Appellant insurance company that the driving licence along with a letter of request from the Delhi regional office was sent to Gorakhpur regional office for verification of the driving licence. However, the report could not be received and because of that reason, the driving licence could not be verified. The Appellant, therefore, could not file the written statement. The Appellant should have been more vigilant to get the report urgently. However, in the interest of justice, one more opportunity is granted to the insurance company to

verify the driving licence and file the written statement, subject to further cost of `5,000/- to be payable to the Respondents No.1 to 3 on or before the date fixed before the Tribunal i.e. 15.02.2012.

4. The Petition is disposed of in above terms.

(G.P. MITTAL) JUDGE JANUARY 23, 2012 pst