Supreme Court - Daily Orders
Gurmail Singh @ Gurmer @ Gurnal Singh vs Bajaj Allianz General Insurance Co. ... on 13 December, 2018
Bench: Arun Mishra, Vineet Saran
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO(S). 12065 OF 2018
[@ SPECIAL LEAVE PETITION (C) NO. 13472 OF 2015]
GURMAIL SINGH @ GURMER
@ GURNAL SINGH Appellant (s)
VERSUS
BAJAJ ALLIANZ GENERAL
INSURANCE CO. LTD. & ANR. Respondent(s)
O R D E R
1. Leave granted.
2. Heard the learned counsel appearing on both sides.
3. We are not inclined to interfere with the order passed by the High Court, though, it is correct that proper issues were not framed by the Commissioner for Employees’ Compensation. Be that as it may, however, the Insurer had taken a plea in the reply that the Driver was not holding the Driving Licence. The Driver was also cross-examined at length, but he was not able to produce the Driving Licence on the ground Signature Not Verified that at the time of accident, it was lost. Witness Digitally signed by JAYANT KUMAR ARORA Date: 2018.12.24 17:02:07 IST Reason: was also examined as to hold the Insurer to discharge negative burden as to absence of Driving Licence. In view of the facts and circumstances of the case, plea 2 taken as well as evidence adduced, it was incumbent upon the Driver to produce the Licence or duplicate copy of the same that has not been filed either in the High Court or even in this Court in the appeal filed by the Driver. He could have obtained a duplicate copy and ought to have produced it in case he possessed the Driving Licence. His statement that he lost the same at the time of accident, does not inspire confidence.
4. In the above circumstances, as the vehicle was admittedly insured, it would be appropriate to modify the directions issued by the High Court. As the vehicle was insured, we permit the claimant Driver to recover the amount from the Insurer and give liberty to the Insurer to recover the same, in turn, from the owner of the vehicle.
5. To the above extent, the order passed by the High Court is modified. The appeal is, accordingly, disposed of.
.......................J. [ ARUN MISHRA ] .......................J. [ VINEET SARAN ] New Delhi;
December 13, 2018.
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ITEM NO.17 COURT NO.6 SECTION XIV
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 13472/2015
(Arising out of impugned final judgment and order dated 15-05-2014 in FAO No. 330/2012 passed by the High Court Of Delhi At New Delhi) GURMAIL SINGH @ GURMER @ GURNAL SINGH Petitioner(s) VERSUS BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD. & ANR. Respondent(s) Date : 13-12-2018 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ARUN MISHRA HON'BLE MR. JUSTICE VINEET SARAN For Petitioner(s) Mr. R. K. Nain, Adv.
Ms. Pratima N. Chauhan, Adv.
Mr. Jinendra Jain, AOR For Respondent(s) Ms. Neerja Sachdeva, Adv.
Ms. Meera Mathur, AOR UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeal is disposed of in terms of the signed order. Pending interlocutory application(s), if any, is/are disposed of.
(JAYANT KUMAR ARORA) (VIDYA NEGI) COURT MASTER COURT MASTER
(Signed order is placed on the file)