Punjab-Haryana High Court
Devender Kumar Son Of Lahari Singh ... vs Ramesh Kumar Adopted Son Of Khiman And ... on 27 January, 2011
Author: K. Kannan
Bench: K. Kannan
FAO No.4771 of 2009 (O&M) -1-
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT
CHANDIGARH
FAO No.4771 of 2009 (O&M)
Date of Decision. 27.01.2011
Devender Kumar son of Lahari Singh resident of village Manesar, District
Gurgaon ......Appellant
Versus
Ramesh Kumar adopted son of Khiman and others....Respondents
Present: Mr. J.S. Yadav, Advocate
for the appellant.
None for the respondents No. 1 to 3.
Mr. Paul S. Saini, Advocate
for respondent No.4.
CORAM:HON'BLE MR. JUSTICE K. KANNAN
1. Whether Reporters of local papers may be allowed to see the
judgment ?
2. To be referred to the Reporters or not ?
3. Whether the judgment should be reported in the Digest?
-.-
K. KANNAN J.(ORAL)
1. Delay of 215 days in filing the appeal is condoned.
2. The appeal by the insured is filed on the ground that the insurance company had been wrongly provided with a right of recovery against the insured, on a finding that the driver did not have a valid driving licence. Before the Tribunal, the driving licence had been produced, which showed that the driver had a valid driving licence to drive other than a transport vehicle from 24.09.1996 to 23.09.2016 and the licence to drive a transport vehicle was made through an endorsement and found reflected in the driving licence itself that he had a valid driving licence to drive a transport vehicle from 7.3.2006 to 12.03.2009. The accident had taken place on 04.05.2006 and FAO No.4771 of 2009 (O&M) -2- therefore, the driver had a valid driving licence. I accept the contention of the learned counsel appearing for the insured-appellant that the Tribunal has not properly verified the document, which had been tendered before the tribunal and it had seen only one part of the licence and it had not seen the endorsement which the licence bears on the reverse that there was a valid driving licence to drive a transport vehicle at the relevant time of accident.
3. The award of the Tribunal is, therefore, modified. The appeal is allowed giving a full right of indemnity to the owner/insured from the insurer for the award that has been passed in favour of the claimants.
(K. KANNAN) JUDGE January 27, 2011 Pankaj*