New India Assurance Co Ltd v. Kulbir Singh & Ors

J U D G M E N T G. P. MITTAL, J. (ORAL)

CM APPL.15851/2010 (For Additional Evidence)

¶1The Appellant New India Assurance Company Limited seeks permission to lead additional evidence on the ground that certain documents, that is, investigation report of the driving licence, Mathura and the copy of the driving licence issued by MLO, Faridabad have been filed along with the Appeal. The same may be taken on record and permitted to be proved.

¶2There is not even a whisper as to why these documents could not be obtained and proved during inquiry before the Claims Tribunal. I have before me the Trial Court record. The Appellant Insurance Company did not take any specific plea that the driving licence held by Parmanand Singh, Respondent No.1 (the driver) was fake. The Counsel for the Appellant (Respondent No.3 New India Assurance Company Limited

before the Claims Tribunal) himself closed the evidence as is evident from the order dated 31.01.2012 passed by the Claims Tribunal.

¶3The Appellant has failed to make any ground for granting him permission to produce additional evidence.

¶4The Application is accordingly dismissed.

¶5The Appellant Insurance Company seeks to avoid its liability to pay the compensation of `1,29,000/- awarded in favour of the Respondent Zia-ul Haque solely on the ground that the Respondent No.2 Parmanand did not possess a valid and effective driving licence at the time of the accident and thus the Insurance Company was not liable to pay the compensation awarded.

¶6An Application for additional evidence moved by the Appellant has been dismissed by an order passed above. No evidence whatsoever has been produced by the Appellant to show that there was willful breach of the terms and conditions of the Insurance policy. Thus, the Appellant cannot avoid its liability.

¶7The Appeal is devoid of any merit; it is dismissed in limini.

¶8Deficiency of `729/- in the Court fees shall be made up within four weeks.

¶9The statutory deposit of `25,000/- shall be refunded to the Appellant Insurance Company.

¶10Pending Applications also stand disposed of.

(G.P. MITTAL) JUDGE NOVEMBER 02, 2012 vk

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 2nd November, 2012 + NEW INDIA ASSURANCE COMPANY LTD. ..... Appellant Through: Mr. S.L.Gupta, Adv. with Mr. Ram Ashray, Adv. Versus KULBIR SINGH & ORS. .....Respondents Through: Nemo. CORAM: HON'BLE MR. JUSTICE G.P.MITTAL