Reliance General Insurance ... vs Kiran Sharma & Ors.
2012 Latest Caselaw 3562 Del

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*        IN THE HIGH COURT OF DELHI AT NEW DELHI

                                         Date of decision:28th May, 2012
+        CM(M). No.353/2012

         RELIANCE GENERAL INSURANCE COMPANY LIMITED.
                                           ..... Appellant
                      Through: Mr. Pankaj Seth, Advocate

                     Versus

         KIRAN SHARMA & ORS.               ..... Respondents
                     Through:            None for the Respondents No.1
                                         and 3.

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

                            JUDGMENT

G. P. MITTAL, J. (ORAL)

1. The Petitioner is aggrieved by an order dated 23.02.2012 whereby the Petitioner's request to produce evidence to prove that the driving licence No.24417/Etawah/2000 issued by RTO, Etawah was a fake one, was declined.

2. In fact on the copy of the driving licence, the number written is not very legible and the second digit '4' perhaps has been read as '9' by the Petitioner. A second report dated 16.02.2012 was obtained and a request was made to the Motor Accident Claims Tribunal(the Claims Tribunal) to summon record from the

concerned RTO which as stated earlier was declined on 23.02.2012.

3. In my view, in the peculiar facts of this case, the Petitioner ought to have been granted another opportunity to prove that there was breach of the policy condition. The order dated 23.02.2012 is set aside. It is directed that the Claims Tribunal shall grant an opportunity to the Petitioner to summon the witness from RTO, Etawah to prove the validity or otherwise of the licence No.24417/Etawah/2000.

4. The Petition is allowed in above terms.

5. The parties are directed to appear before the Claims Tribunal on 02.07.2012 which is the next date of hearing before the Claims Tribunal.

6. Pending Applications stand disposed of.

7. Dasti.

(G.P. MITTAL) JUDGE MAY 28, 2012 pst