Dismissed

National Insurance Company Limited v. Amarjit Kaur

Punjab & Haryana HC2 Jul 2014FAO/2896/2012

Case brief

AI extract

What is this about?

The appellant Insurance Company appealed a Motor Accidents Claims Tribunal award granting joint and several liability. The appellant challenged the liability due to an alleged fake driving licence of the driver. The Court held the insurer's grievance was without merit as the appellant failed to legally prove the licence was fake.

What did the court decide?

Service upon respondents No.4 and 6 dispensed with; Appeal dismissed.

National Insurance Company Limited Vs Amarjit… — Motor Accident Claims | Punjab & Haryana HC (2014)

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Date of decision: 2^nd July, 2014

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National Insurance Company Ltd.

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� Appellant

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Versus

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Amarjit Kaur and others

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� Respondents

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Whether Reporters of Local Newspapers may be allowed to see the judgment?

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Whether to be referred to the Reporters or not?

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Whether the judgment should be reported in the Digest?

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Present: Mr. J.S. Chatrath, Advocate for Mr. Ashwani Talwar, Advocate for the appellant.

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Learned counsel for the appellant states that the grievance of the appellant1Insurance Company in this appeal is limited to the extent of fixing of liability to pay, against respondent No.5 only, and therefore, service upon respondents No.4 and 6 be dispensed with.

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Ordered accordingly.

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Vide impugned award dated 17.02.2012, the Motor Accidents Claims Tribunal, Kapurthala granted compensation payable jointly and severally by the appellant and all other respondents in the Claim Application, amounting to �13,38,832 in favour of respondents

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Singh Rattan Pal 2014.07.07 17:11 I attest to the accuracy and integrity of this document Punjab & Haryana High Court

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No.1 to 3 on account of death of one Baljit Singh, who died in an accident on 23.02.2009 caused due to rash and negligent driving of vehicle bearing registration No.PB105M19635 driven by respondent No.4 and owned by respondent No.5, which was duly insured with the appellant1Insurance Company. The award has been challenged by the appellant1Insurance Company on the ground that driving licence of driver of the offending vehicle has been found to be fake and therefore, recovery rights should have been granted to the appellant1 Insurance Company against owner of the vehicle as well, whereas the Tribunal has granted recovery rights against driver of the offending vehicle alone.

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According to learned counsel for the appellant, the Insurance Company is liable to indemnify the insured only i.e. respondent No.5 and since there were violations of the terms and conditions of the insurance policy, the liability could not have been fastened upon the appellant1Insurance Company.

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Admittedly, onus to prove the issue regarding the fakeness of driving licence was upon the appellant1Insurance Company.

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The Tribunal has placed reliance upon a report of the licencing authority tendered into evidence as Ex.R2. However, the said report has remained unproved as no witness was examined by the appellant to prove the aforesaid report. No legal evidence has been tendered by the appellant to prove its assertion that the driving licence of driver of the offending vehicle was fake. It is well settled that mere exhibition of documents will not dispense with the mode of proof.

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Singh Rattan Pal 2014.07.07 17:11 I attest to the accuracy and integrity of this document Punjab & Haryana High Court

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In view thereof, this Court is of the opinion that the grievance raised before this Court on behalf of the appellant1Insurance Company is without any merit as findings of the Tribunal on issue No.2 are not sustainable as the appellant has not proved that driver of the offending vehicle was not having a valid driving licence.

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No other point has been raised.

Dismissed.

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Singh Rattan Pal 2014.07.07 17:11 I attest to the accuracy and integrity of this document Punjab & Haryana High Court

National Insurance Company Limited v. Amarjit Kaur

Case brief

What is this about?

What did the court decide?

National Insurance Company Limited v. Amarjit Kaur

Case brief

What is this about?

What did the court decide?

What the court decided

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