Cholamandalam Ms General Ins Co Ltd v. Ram Briksh Ram & Ors

;"'--:, * IN THE HIGH COURT OF DELHI AT NEW DELHI MACA No.635/2010 Date of Decision: September 27, 2010 CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LTD ..... Appellant through Ms. Suman Bagga, Advocate versus RAM BRIKSH RAM & ORS through None CORAM: HON'BLE MISS JUSTICE REKHA SHARMA ..... Respondents

¶1Whether the reporters of local papers may be allowed to see the judgment?

¶2To be referred to the reporter or not?

¶3Whether the judgment should be reported in the 'Digest'? REKHA SHARMA, I. (ORAL) Admittedly, the appellant, namely, Cholamandalam MS General Insurance Company Limited has been granted the right to recover the compensation from the owner of the offending vehicle which it has been directed to pay to the claimants at the first instance. It is submitted by learned counsel for the appellant that the Insurance Company successfully proved on record that the driver of the offending vehicle was having a fake driving licence and yet the Claims Tribunal has only granted the recovery rights to the Insurance MACA No.635/2010 :· Certify that the digital and physical file have been compared and the digital data is as per the physical file and no page is missing. Company instead of completely exonerating it from the liability to pay the compensation. Having heard learned counsel for the appellant, I find no infirmity in the impugned award. It is only in cases where the drivers of the offending vehicles do not have a licence at all that the Insurance Companies are exonerated from the liability to pay, but in cases of fake driving licence, they are only granted the right to recover the compensation from the owner. The present, as noticed above, is a case of fake driving licence. There is no merit in the appeal. The same is dismissed. The statutory amount of 25,000/- deposited by the Insurance Company as a pre-condition to the hearing of the appeal be refunded to it through counsel. SEPTEMBER 27, 2010 ka MACA No.635/2010 ;J