ORIENTAL INSURANCE CO LTD Vs. GARGI SINGH

JUDGEMENT

(1.) THE Appellant has filed the appeal against the judgment dated 27.11.2009 challenging the quantum of compensation and its liability. Compensation of Rs.18,96,000/ - was awarded by the Motor Accident Claims Tribunal(Claims Tribunal) in favour of Respondents no.1 to 4 for the death of Veer Singh, who suffered fatal injuries in a motor vehicular accident which occurred on 04.08.2000. The learned Single Judge of this Court by an order dated 08.03.2010 issued notice to Respondents no.5 and 6 only with regard to the liability.

(2.) AN application for additional evidence was moved by the Appellant which was allowed by this Court. In pursuance of the application, the Appellant examined Pramod Kumar, Senior Clerk Enforcement from the office of RTO Agra. He testified that the driving licence Ex.AW1/A appearing at pages 113 and 115 of the Trial Court record was not genuine. He stated that the licence at this number was issued in the name of Islam S/o Mohd Khan, R/o Tajganj, Agra.

(3.) THE learned counsel for the Appellant urges that a notice under Order 12 Rule 8 CPC was issued to the insured to produce licence of the driver. However, that was not done by the insured. The Appellant also proved that the driving licence Ex.AW1/A seized by the police was fake. Thus, the Appellant successfully proved willful and conscious breach of the terms and conditions of the insurance policy on the part of the insured. Therefore, even if the Insurance Company was made liable to pay the compensation, recovery rights ought to have been granted.