Court No. - 37
Case :- CIVIL MISC REVIEW APPLICATION No. - 91 of 2021 Applicant :- Rukhsana And 4 Others Opposite Party :- Surendra Kumar Singh And 2 Others Counsel for Applicant :- Ajay Singh Counsel for Opposite Party :- Om Prakash Pandey
Hon'ble Dr. Kaushal Jayendra Thaker,J.
By way of this application, the applicant has sought to review the judgment and order dated 9.12.2019 passed by this Court in First Appeal From Order No. 664 of 2008 (Smt. Rukhsana and Others vs. Surendra Kumar Singh and others).
Heard Sri Ajay Singh, learned counsel for the Insurance Company and Sri Nigamendra Shukla, ld. Advocate for claimants.
It is submitted by learned counsel for the Insurance Company that after granting enhancement, the unfortunate part which has not been mentioned is that the vehicle was being driven in breach of policy condition. This was the finding of fact by the learned Tribunal.
Therefore, instead of exonerating the Insurance Company, the order impugned stand modified that the Insurance Company shall deposit the amount and recover the same from the owner of the vehicle, if the owner is unable to satisfy the executing Court that the vehicle was being driven by the driver without proper driving license.
In view of the above, this application is partly allowed.
The judgment and decree shall stand modified to the aforesaid effect.
This Court is thankful to Sri Ajay Singh, learned Advocate for bringing this aspect to the knowledge of this Court.
Order Date :- 12.8.2021 DKS