National Insurance Company Ltd vs Hem Raj on 4 May, 2013

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Punjab-Haryana High Court

National Insurance Company Ltd vs Hem Raj on 4 May, 2013

Bench: K. Kannan

FAO No.2016 of 2013                                                    1

      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                     CHANDIGARH


                                        FAO No.2016 of 2013(O&M)
                                        Date of decision: 04.05.2013

National Insurance Company Ltd, Regional Office-II, SCO 337-340,
Sector 35-B, Chandigarh

                                                           .....Appellant

                                 VERSUS

Hem Raj, aged about 60 years, son of Shri Ramji Dass, C/o Hem Raj &
Brother, G.T. Road, G.T. Road, Sirhind, District Fatehgarh Sahib
(Punjab) and others
                                                  .....Respondents


CORAM: HON'BLE MR. JUSTICE K. KANNAN

1.    Whether reports of local papers may be allowed to see the
      judgment? Yes/No

2.    To be referred to the reporters or not? Yes/No

3.    Whether the judgment should be reported in the digest? Yes/No

Present:    Mr. Sandeep Suri, Advocate for the appellant.

         *******
K. KANNAN, J.(ORAL)

1. The insurance company is on appeal before me challenging the quantum of compensation assessed and damage to the vehicle as excessive. The claimant was the owner of the damaged car and according to him the damage had been caused in a collision with the insured's truck. The claimant spoke about the damage and also examined PW-3 Harvinder Singh, who was the owner of the workshop. The counsel points out to me of discrepancies in the evidence regarding the date of entrustment of the vehicle at the FAO No.2016 of 2013 2 workshop. The counsel also refers to some discrepancies of who obtained the vehicle on sapurdari. It was also elicited in evidence that the insurance company had not been informed to have the vehicle surveyed by an authorised surveyor.

2 The claimant is a third party to the owner of the vehicle and unless he was making a claim against his insurer for own damage, there is no particular obligation for such a person to inform the insurance company against which he lays his claim as a third party. The discrepancies pointed out are too minor for making an interference in respect of the compensation assessed. The counsel also states that the bills produced before the Court are not reliable. I am not prepared to open that issue. The compensation assessed is maintained.

3. The appeal is dismissed.





04.05.2013                                           [ K. KANNAN ]
Diwaker Gulati                                          JUDGE

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