Oriental Insurance Company Ltd. vs Naresh Kumar & Ors
2015 Latest Caselaw 3247 Del

$-21

*       IN THE HIGH COURT OF DELHI AT NEW DELHI


                                          Decided on: 22nd April, 2015

+       MAC.APP. 816/2010

        ORIENTAL INSURANCE COMPANY LTD.
                                                      ..... Appellant
                            Through:   Ms.Arpan Wadhawan,
                                       Advocate

                   versus


        NARESH KUMAR & ORS
                                                   ..... Respondents
                            Through:   Mr. Saleem Ahmed, Standing
                                       Counsel (Crl.), State of NCT of
                                       Delhi with
                                       Mr. Amay Pratap Singh, Adv.
                                       Mr. Asheesh Jain, Adv. with
                                       Mr. K.Shiva Prasad, IAS,
                                       Resident Commissioner, State
                                       of Punjab & Mr. Darbara Singh,
                                       PCS, District Transport Officer,
                                       Hoshiarpur, Punjab.


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

                            JUDGMENT

G. P. MITTAL, J. (ORAL)

1. Mr. K.Shiva Prasad, Resident Commissioner, State of Punjab is

present and he has tendered apology on behalf of Senior

Superintendent of Police (SSP), Hoshiarpur and himself. No

further action is called for. Contempt notice to Superintendent

of Police, District Hoshiarpur is withdrawn.

2. Statement of CW-1 Mr. Darbara Singh, District Transport

Officer, Hoshiarpur, has been recorded.

3. By virtue of this appeal, the Appellant Oriental Insurance

Company Ltd. seeks recovery rights in respect of compensation

of Rs.1,09,626/- along with interest @ 7.5% per annum paid to

Respondent no.1(claimant).

4. It is urged by the learned counsel for the Appellant that a notice

was issued to the insured to produce the driving licence of the

driver. He failed to produce the same. The driving licence

mark CX which was allegedly seized by the police has been

proved to be not issued by the concerned Licensing Authority.

The Appellant Insurance Company did whatever was in its

power and possession to prove the breach of the terms and

conditions of the insurance policy. Thus, the Appellant is

entitled to recover the compensation paid to the third party.

5. I have the Trial Court record before me. The Appellant was

permitted to lead additional evidence to prove its plea that the

licence mark CX was not genuine. District Transport Authority

did prove that the licence was not issued by the Licensing

Officer, Hoshiarpur. But, at the same time, neither the copy of

this notice alleged to have been served by the Appellant upon

the insured was placed and proved on record nor R3W1 said a

word about the factum of issuance of any notice to the insured

to produce the driving licence. Since the Appellant failed to

prove that the insured was put to a notice to prove as to how he

had committed breach of the terms and conditions of the policy,

it cannot be said that there was conscious and willful breach of

the terms and conditions of the insurance policy.

6. In view of this, the appeal has to fail; the same is accordingly

dismissed.

7. Pending applications stand disposed of.

8. Statutory amount, if any, deposited shall be refunded to the

Appellant Insurance Company.

(G.P. MITTAL) JUDGE APRIL 22, 2015 pst