Court No. - 3
Case :- FIRST APPEAL FROM ORDER No. - 1606 of 2019 (First Appeal From Order Defective No.158 of 2005) Appellant :- Prem Sagar Dhingra Respondent :- Smt. Photo Devi And Another Counsel for Appellant :- Ramesh Singh Counsel for Respondent :-
Hon'ble Dr. Kaushal Jayendra Thaker,J.
Heard learned counsel for the appellant. Notices issued to the respondents have not returned back.
This appeal, at the behest of the owner-appellant, challenges the judgment and award dated 13.7.2004 passed by Motor Accident Claims Tribunal/Additional District Judge, Court No.17, Meerut (hereinafter referred to as 'Tribunal') in M.A.C. No.681 of 2003.
The award of Rs.25,720/- granted by the Tribunal is the bone of contention. The Tribunal has misinterpreted that the driver of the said vehicle did not have a valid driving license. The stand itself was not tenable as it is very clear from the order also that the owner's own damage claim was already paid and, therefore, now to contend that there was breach of policy condition is bad which cannot be permitted and could not have been permitted.
The owner had already produced the documentary evidence but the finding to the contrary cannot be sustained. The vehicle is proved to be insured with respondent-Insurance Company. The driver and owner who was driving the vehicle has in his written statement categorically maintained that he had driving license, however, once the submission was there, it was for the Insurance Company to prove the negative, hence, finding is upturned.
Hence, this appeal, without delving into the facts of this case, requires to be allowed. The recovery rights granted to the Insurance Company are quashed and set aside.
Order Date :- 30.5.2019 DKS