Delhi High Court
Ramesh Kumar vs Mohd Rahees & Ors on 2 January, 2013
Author: Suresh Kait
$~4
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 2nd January, 2013
+ CM (M) No. 1096/2012
RAMESH KUMAR ..... Petitioner
Through: Mr. Tarun Aswani, Advocate.
Versus
MOHD RAHEES & ORS ..... Respondents
Through: Mr. Dhanesh Relan, Mr. S.K. Ray and
Ms. Richa Kaushal, Advocates for
Respondent No.4.
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT
SURESH KAIT, J. (Oral)
1. Pursuant to order dated 04.12.2012, Mr. S.K. Sharma, Deputy
Commissioner, STA and Mr. C.S. Nawani, Assistant Secretary, STA have
brought the original record. The typed copy of the same is placed on record.
2. Perusal of the record reveals that the Light Goods Vehicle no.
DL-ILE-4866 was registered on 05.12.2002 and national permit bearing
NP/11461/2002 was issued to the petitioner i.e. Sh. Ramesh Kumar, S/o
Sh. Samman Singh from 07.12.2002 to 06.12.2007. The yearly
authorizations under Rule 87 of the CMVR 1989 were issued as per the
following details:-
i. From 07.12.2002 to 30.11.2003
ii. From 04.12.2003 to 30.11.2004
iii. From 15.12.2004 to 30.11.2005
3. The learned Tribunal Court has observed in paras 17 and 18 of the
impugned Award dated 16.03.2010 as under:-
"The insurance company have also brought its own officer
R3W2 Sh. Rishi Kumar who proved the policy and also stated
that since the permit was not valid as on the date of accident,
there was breach of policy condition.
18. Since the insurance company have duly proved the fact
that permit of the offending vehicle was not valid on the date of
accident and thus policy conditions has been violated,
therefore, the insurance company is entitled to recovery rights
but only after disbursement of award amount to petitioners in
terms of judgement of Hon'ble Supreme Court of India in
National Insurance Company Limited Vs. Swaran Singh, AIR
2004 SC 1531."
4. The date of accident is 25.11.2004. Vide the instant petition, the
petitioner has raised the issue that R3W1 Sh. S.D. Sharma, UDC, STA
deposed that as per the record the permit was issued first time on 07.12.2002
valid upto 30.11.2003. Thereafter, it was renewed from time to time and
lastly it was renewed on 12.12.2004 valid upto 15.12.2005. However, it is
recorded that as per the record, this permit was not valid on 25.11.2004 i.e.
the date of accident.
5. As the permit was not valid on the date of the accident i.e. 25.11.2004,
therefore, the learned Tribunal granted the liberty to the Insurance Company
to recover the amount from the owner of the vehicle/petitioner.
6. Keeping in view the facts and circumstances of the case and perusing
the records of the State Transport Authority mentioned above, this Court is
satisfied that the permit of the offending vehicle was valid on the date of
accident, therefore, the liberty granted by the ld. Tribunal to the Insurance
Company to recover the amount from the petitioner is hereby set aside.
7. Consequently, the instant petition is allowed.
8. As per the directions issued in the Award dated 16.03.2010 and
further directions issued by this Court vide order dated 11.10.2012, whereby
the petitioner was directed to deposit the 50% of the amount along with the
interest which has been deposited on 08.11.2012 with the Registrar General
of this Court.
9. Since the instant petition has been allowed, the Registrar General of
this Court is directed to release the amount with interest accrued thereon in
favour of the petitioner on taking necessary steps by him.
10. Learned counsel for the respondents Insurance Company has no
objection thereto.
11. In view of the above, no further order is required.
12. The instant petition stands disposed of accordingly.
SURESH KAIT, J.
JANUARY 02, 2013
Sb/jg
