Partly allowed

Gurinder Pal Singh & Anr. v. New India Assurance Co. Ltd. & Ors.

Punjab & Haryana HC25 Jan 2018FAO/5135/2012

Case brief

AI extract

What is this about?

This appeal challenged an award granting recovery rights to the Insurance Company due to alleged lack of a valid driving license. The High Court found that the driver held a valid license verified by the Insurance Company, modifying the award to exempt appellants from recovery and direct payment by the insurer.

What did the court decide?

Award modified to exonerate appellants from liability; Insurance Company directed to pay entire compensation and deposit returned to appellants.

Gurinder Pal Singh & Anr. Vs New India… — Motor Accident Claims | Punjab & Haryana HC (2018)

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F.A.O No. 5135 of 2012 (O&M)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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F.A.O No. 5135 of 2012 Date of decision:- 25.01.2018

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Gurinder Pal Singh and anr.

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...Appellants

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Versus

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New India Assurance Co. Ltd. and ors.

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...Respondents

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CORAM: HON'BLE MS. JUSTICE RITU BAHRI

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Present:Mr. Rajinder Sharma, Advocate for the appellants.

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Mr. Deepak Suri, Advocate for respondent No. 1.

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RITU BAHRI J.

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The present appeal has been preferred by the owner and driverappellants (for short 'the appellants') against the award dated 08.05.2012 passed by the learned Motor Accident Claims Tribunal, Amritsar (for short, 'the Tribunal') granting the recovery rights to the Insurance Company against the present appellants.

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The facts in brief are that on 27.11.2010, the deceased along with Tara Singh went to Amritsar on Hero Honda Motorcycle bearing registration NO. PB02-BD-Temp-4768 for giving order of stationery goods for the company at Hide Market, Amritsar. When they reached near Sethi property dealer, ahead of Verka, one swift car bearing No. PJO-22 which was being driven at a very high speed and zig zag manner by respondent No. 1 hit the motorcycle, as a result of which they fell down on the road and sustained grievous injuries on the vital parts of the body of the deceased. They were taken to Nanda Hospital at Verka where deceased died due to

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Gaurav Arora 2018.02.12 14:07 I attest to the accuracy and integrity of this document Chandigarh

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F.A.O No. 5135 of 2012 (O&M)

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sever injuries suffered by him.

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The learned Tribunal after going through the evidence led by the parties, awarded the compensation of Rs.07,32,000/- in claim petition No. 25/2011 and Rs.168291/- in claim petition No. 44/2011 . However, the Tribunal gave recovery rights to Insurance Company as respondent No. 1 failed to produce any valid driving licence.

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Learned counsel for the appellant at the very outset referred to claim petition filed by the injured wherein also two issues were framed mentioned below:-

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4. Whether respondent No. 1 Gagandeep was not having a legal and valid driving license at the time of alleged accident? OPR 3

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7. Whether the driver of the vehicle PJO-22 was not having a legal and valid driving license? OPR

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The onus to prove this issue was on the Insurance Company. In order to prove issue No. 7, the Insurance Company filed an application for production of documents by the claimants/respondent owner and river. The appellants placed on record original RC, original policy of the vehicle, copy of driving license of respondent No. 2 and its verification by the transport officer. The Insurance Company verified the genuineness of the documents to its satisfaction and thereafter, the Tribunal held that no evidence was adduced by the respondents to prove issue No. 7. The issue was decided against the respondents and in favour of the petitioner.

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Learned counsel for respondent No. 3-Insurance Company has admitted the above said fact.

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Gaurav Arora 2018.02.12 14:07 I attest to the accuracy and integrity of this document Chandigarh

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F.A.O No. 5135 of 2012 (O&M)

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Since appellant No. 2 was having the valid driving licence at the time of accident, as verified by Insurance Company, the award dated 08.05.2012 passed by the Tribunal is modified to the extent that the appellants are not liable to pay compensation and the Insurance Company is liable to make the payment of entire compensation to the claimants.

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The appeal stands partly allowed to the above extent.

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Further it is hereby directed that the amount of Rs.25,000/deposited by the appellants at the time of filing of appeal, vide receipt No. 1925 dated 02.02.2016 in the Registry of this Court be returned to them.

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25.01.2018 G Arora

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( RITU BAHRI ) JUDGE

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Whether speaking/reasoned Yes Whether reportable No

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Gaurav Arora 2018.02.12 14:07 I attest to the accuracy and integrity of this document Chandigarh

Gurinder Pal Singh & Anr. v. New India Assurance Co. Ltd. & Ors.

Case brief

What is this about?

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Gurinder Pal Singh & Anr. v. New India Assurance Co. Ltd. & Ors.

Case brief

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