Satender Kumar Chandana vs National Insurance Co Ltd & Ors.
2013 Latest Caselaw 4352 Del

$~8
*   IN THE HIGH COURT OF DELHI AT NEW DELHI


%                               Judgment delivered on:23rd September, 2013

+                               CM(M) 23/2010

       SATENDER KUMAR CHANDANA                  ..... Petitioner
                   Through: Mr. J.N. Aggarwal, Advocate.

                          Versus

       NATIONAL INSURANCE CO LTD & ORS.         ..... Respondents
                    Through: Mr. L.K. Tyagi, Advocate for
                             Respondent No.1.

CORAM:
HON'BLE MR. JUSTICE SURESH KAIT

SURESH KAIT, J. (Oral)

1. By way of this petition, the petitioner is seeking setting aside of the order dated 20.08.2009, whereby an application under Order IX Rule 13 of the Code of Civil Procedure, 1908 moved by the petitioner for setting aside the recovery rights granted vide award dated 14.02.2007, was dismissed by the learned Tribunal.

2. Learned counsel appearing on behalf of the petitioner has submitted that on the relevant date, the driver of the offending vehicle was having a valid driving licence; however, he could not produce the same during the trial. After the award having been passed by the learned Tribunal, the petitioner got the driving licence of the driver and the verification report upon the same from the concerned authority.

3. On the other hand, learned counsel appearing on behalf of the respondent No.1/Insurance Company while rebutting the same has submitted that their Investigator has verified the said licence and found the same was not valid licence for the vehicle being driven.

4. Since a controversy has arisen in the instant petition regarding the validity of the driving licence on the relevant date, which can only be decided after conducting a proper inquiry by leading satisfactory evidence on this issue, therefore, the instant petition is allowed subject to costs of Rs.25,000/- to be paid in favour of the Advocates Welfare Fund, Delhi Bar Council within a period of ten days from today.

5. Consequently, the order dated 20.08.2009 is set aside. The learned Tribunal is directed to conduct a fresh inquiry regarding the driving licence and pass appropriate orders in accordance with law.

6. The parties are directed to appear before the learned Tribunal on 08.11.2013.

6. In view of the above, the instant petition stands disposed of.

8. A copy of this order be given dasti to the learned counsel for the parties.

SURESH KAIT, J.

SEPTEMBER 23, 2013 sb