LAWS(DLH)-2012-7-448

NEW INDIA ASSURANCE COMPANY LTD Vs. SHYAM LAL

Decided On July 17, 2012
NEW INDIA ASSURANCE COMPANY LTD Appellant
V/S
SHYAM LAL Respondents

JUDGEMENT

(1.) THE Appellant New India Assurance Company Limited takes exception to a judgment dated 15.09.2009 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby while awarding a compensation of Rs.2,05,000/-, the Appellant's plea to grant recovery rights was rejected.

(2.) IT is urged by the learned counsel for the Appellant Insurance Company that it had successfully proved the breach of the terms of the policy by examining R3W1 Dal Chand, LDC from RTO office, East Zone, Shahdara, Delhi and R3W2 Anil Kumar Sharma, Assistant Manager of the Appellant. Since it was established that the driving licence was fake, the Appellant was entitled to recovery rights on discharging its statutory liability to pay the compensation to the third party.

(3.) FROM R3W1 and R3W2's testimonies it is clear that the driver and owner i.e. Respondents No.3 and 4 failed to provide any other driving licence of the third Respondent and the licence seized by the police was fake.