Court No. - 27
Case :- FIRST APPEAL FROM ORDER No. - 159 of 2018 Appellant :- Ram Naresh Respondent :- The National Insurance Co. Ltd. And 2 Others Counsel for Appellant :- Ajendra Kumar Counsel for Respondent :- N.K. Srivastava
Hon'ble Dr. Kaushal Jayendra Thaker,J.
This appeal is taken up for final disposal today as the limited dispute is whether the recovery right given was correct or not. Recovery right has been assailed as if the Tribunal has wrongly decided issue nos.3 and 4 when the licence of Samod, who was the driver of the vehicle, was never produced how can the Tribunal be said to have committed mistake. There is a typographical mistake in the finding that the Insurance was not there. However, in the later part it has been held that the vehicle was insured.
Paragraph Nos.A to F are absolutely baseless as in paragraph no.G of the ground, it is mentioned as follows:-
"Because, the driving license of driver was valid but unfortunately it was not produced as driver of the vehicle run away at that time and away from the reach of appellant now he is cooperating and driving license is available."
However, it would be better if the Insurance company, who has filed recovery rights, is permitted to lead evidence and the appellant herein also shall produced all the documents, which they have sought to be produced here under Order 41 Rule 27. Before the Tribunal, where the recovery proceedings are going on, this exercise shall be completed by the appellant on or before 9.4.2018. On this procedure being completed, the Tribunal shall take up the matter.
Till then, the recovery proceedings shall remain suspended. However, if the appellant does not approach the recovery officer as per this order on or before 9.4.2018, the stay granted by this Court shall automatically stand vacated.
With these observations, this appeal is partly allowed.
Order Date :- 28.2.2018 Irshad