National Insurance Co. Ltd. vs Ram Rakhan Mishra & Ors
2012 Latest Caselaw 2917 Del

$~17
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

                                              Date of decision:2nd May, 2012

+        MAC. APP. No.293/2009 & CM. APPL. No.16425/2011

         NATIONAL INSURANCE CO. LTD.         ..... Appellant
                        Through Mr. Pradeep Gaur, Advocate
                 versus

         RAM RAKHAN MISHRA & ORS.           ..... Respondents
                     Through  Mr. O.P. Mannie, Advocate for
                              the Respondent No.2

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

                                JUDGMENT

G. P. MITTAL, J. (ORAL)

1. The Appellant impugns a judgment dated 02.12.2008 passed by the Claims Tribunal whereby a compensation of `90,930/- was granted with interest @ 7.5% per annum and the Appellant Insurance Company was made liable to pay the compensation.

2. In this Appeal, the liability was disputed on the ground that the driving licence held by the driver of the offending vehicle was fake and, thus the Appellant was entitled to at least grant of recovery rights.

3. During the pendency of the Appeal, the driving licence was supplied by the owner (the Respondent No.2) to the

Appellant for verification of its genuineness. It is admitted by the learned counsel for the Appellant that the licence has been found to be genuine.

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

5. Nothing survives in the Appeal; the same is accordingly dismissed.

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