Sarwan Singh & Ors. vs National Insurance Co. Ltd. & Ors
2012 Latest Caselaw 2906 Del

$~9 & 10
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

                                              Date of decision: 2nd May, 2012
+       MAC APP. No.710/2010
        SARWAN SINGH & ORS.                               ..... Appellants
                               Through:       Mr. Kundal Kumar Lal, Advocate
                          Versus

        NATIONAL INSURANCE CO. LTD. & ORS. ... Respondents
                     Through: Mr. Pradeep Gaur, Advocate for
                                              the Respondent Insurance
                                              Company.
WITH
+       MAC APP. No.253/2012
        NATIONAL INSURANCE CO. LTD. ..... Appellant
                      Through: Mr. Pradeep Gaur, Advocate
                 Versus

        SARWAN SINGH & ORS.                               ..... Respondents
                                   Through:   Mr. Kundal Kumar Lal, Advocate
        CORAM:
        HON'BLE MR. JUSTICE G.P.MITTAL

                     JUDGMENT

G. P. MITTAL, J. (ORAL)

1. The Appellants(the driver and the owner) in MAC APP. No. 710/2010 impugn a judgment dated 05.08.2008 passed by the Motor Accident Claims Tribunal(the Claims Tribunal) whereby while awarding a compensation of `1,23,268/-, it made the Appellants liable to pay the sum and absolved the Respondent National Insurance Co. Ltd. on the ground that the driver did not possess a valid driving licence.

2. Cross-Objections being MAC APP. No.253/2012 were filed by the Respondent Insurance Company on the ground that there was violation of the terms of the policy inasmuch as the owner did not possess any permit to ply the vehicle in the territory of NCT of Delhi.

3. During the pendency of the Appeal, the driving licence and the permit were supplied by the Appellants to the Respondent National Insurance Co. Ltd. for verification. It is submitted by Mr. Pradeep Gaur, Advocate/counsel for the Respondent Insurance Company that the driving licence and the permit were valid and genuine on the date of the accident.

4. In the circumstances, the Respondent Insurance Company was under obligation to satisfy the claim of Respondent No.2. The Respondent No.3 Insurance Company is directed to satisfy the award amount along with interest to Respondent No.2 before the Claims Tribunal within six weeks, which shall be released in terms of the orders passed by the Claims Tribunal.

5. The MAC APP. No.710/2010 is accordingly allowed.

6. The Cross-Objections being MAC APP. No.253/2012 stands dismissed.

7. The statutory amount of `25,000/- shall be refunded to the Appellant Insurance Company.

(G.P. MITTAL) JUDGE MAY 02, 2012 pst