New India Assurance Co. Ltd. vs Ruby Rani & Ors.
2015 Latest Caselaw 2319 Del

$-8
*       IN THE HIGH COURT OF DELHI AT NEW DELHI
                             Decided on: 18th March, 2015

+       MAC.APP. 545/2011

        NEW INDIA ASSURANCE CO. LTD.     ..... Appellant
                     Through: Mr. K.L. Nandwani, Advocate


                    versus

        RUBY RANI & ORS.                           ..... Respondents
                     Through:           Mr. A.K. Soni, Advocate for
                                        Respondent no.9.
        CORAM:
        HON'BLE MR. JUSTICE G.P.MITTAL
                      JUDGMENT

G. P. MITTAL, J. (ORAL)

1. The Appellant has not taken steps for substitution of legal heirs

of deceased Respondent no.8. The appeal against Respondent

no.8 abates. Steps have also not been taken for service of

Respondent no.7 repeatedly. This appeal was filed in the year

2011. Appeal against Respondent no.7 is dismissed.

2. It is urged by the learned counsel for the Appellant that the

Insurance Company proved breach of the terms and conditions

of policy and therefore, the Appellant is entitled to recover the

amount of compensation paid from the owner i.e. Respondent

no.7 herein.

3. Apart from the fact that the appeal has been dismissed against

Respondent no.7 by an order passed above, it may be noted that

the Appellant did not take any steps to require the owner to

produce the driving licence of the driver which might have been

seen by him at the time of employing the driver. The insured

was not given any notice to produce the original insurance

policy or the driving licence of the driver. It is not proved by

the Appellant that the copy of the driving licence available on

the Trial Court record (mark A) was produced by the insured

before the Claims Tribunal. Even no witness was examined or

even summoned to prove that the copy of the licence which is

marked A was not genuine. The Appellant was content to

produce the Deputy Manager who deposed that as per the

record, the driving licence was not on the computer line.

Testimony of RW-2 is extracted hereunder:

"I have brought the policy bearing No.5111605/31/04/01/00002896 issued in the name of Sh. Sarjeet Singh, for the period 3.11.2004 to 2.11.2005 in respect

of vehicle no.NL 01 D 0189. The same is Ex.R2W1/A. Our company has also appointed the investigator to verify the DL of the driver Mr. Shagir Ahmed. A copy of the investigator namely Gautam Paul alongwith the covering letter issued by our office Calcutta is Ex.R2W1/B. The report of the investigator states that there is no record of the said driving license on computer line as well as in the record book. The recovery right may be given to the Insurance company.

XXX By Sh. M.Alam, counsel for petitioner Nil. Opportunity given."

4. From the evidence adduced by the Appellant, it cannot be said

that the driving licence was fake. All the more, in the absence

of any notice to the insured, it cannot be said that there was

willful and conscious breach of the terms and conditions of the

insurance policy.

5. The appeal therefore, has to fail; the same is accordingly

dismissed with costs.

6. Pending applications also stand disposed of.

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

Appellant Insurance Company.

(G.P. MITTAL) JUDGE MARCH 18, 2015 pst