ORIENTAL INSURANCE CO LTD Vs. RAKESH KUMAR
LAWS(DLH)-2012-9-76
HIGH COURT OF DELHI
Decided on September 18,2012

ORIENTAL INSURANCE CO LTD Appellant
VERSUS
RAKESH KUMAR Respondents


Referred Judgements :-

NATIONAL INSURANCE COMPANY LIMITED V. JARNAIL SINGH AND ORS. [REFERRED TO]
NEW INDIA ASSURANCE CO LTD VS. SURESH CHANDRA AGGARWAL [REFERRED TO]


JUDGEMENT

- (1.)The Appellant Oriental Insurance Co. Ltd. has preferred this Review Petition under Section 114 read with Order XLVII of the Code of Civil Procedure(Code) on the ground that the Appellant Insurance Company had examined R3W2 Jamaludeen Kaim to prove that the driving licence No. C08092001262146 possessed by Pala Singh expired on 24.09.2004 and it was renewed only on 21.12.2004. It is stated that this Court had lost sight of the examination of this witness during inquiry before the Motor Accident Claims Tribunal(Claims Tribunal) and thus held in para 48 of the impugned judgment that no effort was made to summon any witness from the Transport Department to prove the willful breach of the terms of the policy.
(2.)I have perused the record. Certified copy of the statement of R3W2 appears at page 37 of the paper book. The witness deposed as under:
"I am working as UDC in the office of MLO Ashok Vihar situated at Wazirpur near DTC Subash Palace Depot, New Delhi. I have brought the summoned record of Driving Licence No. C08092001262146 of Pala Singh s/o Makhan Singh r/o A-1/463, Sec. 6, Rohini, Delhi. The licence was issued on 21.12.04 and valid upto 20.12.07 for TSR and on 28.1.1986 it was issued to (sic for) HTV. This licence was issued for TSR earlier on 7.10.82. The record was verified by Motor Vehicle Inspector Rajan Thomas, the same is Ex. R3W2/A signed by Rajan Thomas at point A. After renewing the licence it is again valid from the date of its renewal date. The licence Ex. P3W2/2B is valid upto 24.9.04 and it was renewed by the holder on 21.12.04. The computerised report dated 12.5.05 has been issued by me office and the same is Ex. R3W2/C.

XXXXX by Sh. Udai Raj Singh, Adv for the petitioner. Nil. Opp given.

XXXXX by Sh. K. K. Jha Kamal, Adv. for R1 Pala Singh. Nil. Opp given. "

(3.)Thus, it is apparent that the testimony of R3W2 was not challenged by the driver of the offending vehicle that the licence was renewed only w. e. f. 21.12.2004. In this case, the accident occurred on 02.11.2004.


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