Rajouri Garden Gas Services vs Shabnam & Ors
2016 Latest Caselaw 5876 Del

$~28
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
%                                  Date of Decision: 07th September, 2016

+     MAC.APP. 1013/2012 & CM No.16001/2012

      RAJOURI GARDEN GAS SERVICES               ..... Appellant
                      Through Mr. B.K. Singh, Adv.
               versus

      SHABNAM & ORS                                   ..... Respondents
                  Through             Mr. Sameer Nandwani, Adv. for R-6


      CORAM:
      HON'BLE MR. JUSTICE J.R. MIDHA

                         JUDGMENT (ORAL)

1. The appellant has challenged the recovery rights granted to respondent no.6 to recover the award amount from the appellant.

2. The offending vehicle bearing No.DL-1GB-4598 was being driven by respondent no.7 at the time of the accident on 9th February, 2010. The offending vehicle had a valid permit Ex.R2W1/1 whereby the vehicle was authorized to carry petrol and petroleum goods. The driver of the offending vehicle was holding a valid driving licence whereby he was authorized to drive LMV, MGV and HGV.

3. The Claims Tribunal observed that there was no endorsement on the driving licence to drive a motor vehicle carrying petrol or petroleum goods.

4. Learned counsel for the appellant submits that the offending vehicle was neither carrying petrol nor petroleum goods at the time of the accident. It is submitted that the offending vehicle was carrying empty gas cylinders at the time of the accident and the driver of the offending vehicle was authorized to drive the truck carrying empty gas cylinders.

5. There is merit in the contention of learned counsel for the appellant. Considering that the offending vehicle was not carrying petrol or petroleum products at the time of the accident and the driver of the offending vehicle had a valid driving licence to drive heavy goods vehicle, there is no violation of the terms and conditions of the policy.

6. The appeal is allowed and the impugned award dated 29th May, 2012 is set aside insofar as the Claims Tribunal has awarded recovery rights to respondent No.6 to recover the award amount from the appellant.

7. The appellant has deposited 50% of the award amount in terms of order dated 12th September, 2012 which shall be refunded back to the appellant along with interest thereon. The statutory amount be also refunded back to the appellant.

J.R. MIDHA, J.

SEPTEMBER 07, 2016 dk