VINOD Vs. LRS OF RAKESH

JUDGEMENT

(1.) THE Appellant who is the owner of vehicle number DL-1LM- 2968 impugns the judgment dated 19.02.2011 whereby while awarding compensation of `17,27,400/-, Respondent No.3 Reliance General Insurance Company Limited was granted the right to recover the compensation awarded, from the driver and owner of the vehicle, as the driver was having a driving licence to drive LMV (NT) while the vehicle involved in the accident was a Light Goods Vehicle.

(2.) IT is a very peculiar case where a DAR (Detailed Accident Report) was filed by the Investigating Officer stating that the vehicle was insured with the Reliance General Insurance Company Limited, whereas the Appellant (the owner) says that he insured the vehicle with Future Generali India. (The Cover note has been placed on record at Page 67 of the Paper Book by the Appellant).

(3.) THE Application under Order VI Rule 17 CPC was allowed and the amended reply was taken on record. It is very strange that in spite of a specific plea that the vehicle was not covered by any policy of Insurance by the Insurance Company neither any issue was framed in this respect nor the same was dealt with by the Claims Tribunal.