SANJAY DATTA Vs. NEW INDIA ASSURANCE COMPANY LTD

JUDGEMENT

(1.) THE Appellant Sanjay Datta, who is the owner of the Maruti Car No.DL- 3CG-9914 takes exception to the judgment dated 05.11.2008 only to the extent that the recovery rights ought not to have been granted against him as the Insurance Company failed to prove that there was conscious and willful breach of the terms and conditions of the insurance policy.

(2.) DURING the course of arguments it was stated that the Appellant was not properly served and, therefore, he did not have an opportunity to defend the Claim Petition. Thus, the impugned judgment is liable to be set aside and the case should be remanded back to the Claims Tribunal for giving an opportunity to him (the Appellant) to prove that he had taken all precautions to avoid any breach of the terms and conditions of the policy.

(3.) NOT only this, a notice under Order XII Rule 8 CPC Ex.PW-1/A was also sent to the Appellant and Govind Singh, the driver of the offending vehicle. The notice was duly served. The postal receipt Ex.PW-1/B and the AD card Ex.PW-1/E were duly proved. The notice sent to the driver by registered post (postal receipt Ex.R1W1/C) was returned back with the report that no such person was residing at the given address. The return envelope was also proved as Ex.R1W1/D.