Full Judgment Text
$~14 & 15
* IN THE HIGH COURT OF DELHI AT NEW DELHI
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Decided on: 24 April, 2018
+ MAC.APP. 465/2017
SANJAY ARORA ..... Appellant
Through: Mr. Rajeshwar Singh & Ms.
Kusum Lata, Advocates.
versus
SHRI RAM GENERAL INSURANCE CO LTD
& ORS ..... Respondents
Through: Mr. Sameer Nandwani & Mr.
Pankaj Singh Thakur, Advs. for
R-1.
+ MAC.APP. 466/2017
SANJAY ARORA ..... Appellant
Through: Mr. Rajeshwar Singh & Ms.
Kusum Lata, Advocates.
versus
SHRI RAM GENERAL INSURANCE CO LTD
& ORS ..... Respondents
Through: Mr. Sameer Nandwani & Mr.
Pankaj Singh Thakur, Advs. for
R-1.
CORAM:
HON'BLE MR. JUSTICE R.K.GAUBA
JUDGMENT (ORAL)
1. Both these appeals arise out of common judgment rendered by
the motor accident claims tribunal on the file of two claim cases (suit
MAC Appeal No. 465-66/2017 Page 1 of 4
no. 482/2013 and 427/2014) of Rushi and Tinku Gupta, seeking
compensation for injuries suffered by them in a motor vehicular
accident that took place on 07.04.2013 when the car in which they
were travelling came to be involved in a collision with a truck bearing
no. HR 38N 6893.
2. The claim cases were filed attributing negligence on the part of
the driver of the said truck namely Rakesh Kumar, son of Baldej Raj,
respondent in these appeals. The truck was registered in the name of
the appellant, he having been impleaded as one of the respondents in
the claim cases in addition to the first respondent (insurer), it having
concededly issued the insurance policy covering third party risk in
respect of the said vehicle.
3. While contesting, the insurer had raised the issue of breach of
terms and conditions of the insurance policy. It is the said plea which
was accepted and, thus, while directing the insurance company to pay
the compensation determined by the judgment dated 24.02.2016, the
tribunal granted recovery rights in its favour against the appellant.
4. It appears that during the course of investigation into the case
that had been registered by the police after the motor vehicular
accident it had taken in possession the driving licence of the said
driver Rakesh Kumar, son of Baldev Raj. The said licence purported
to have been issued by the District Transport Authority, Phek,
Nagaland; it being valid for the date of the accident but issued to
authorise the said person to drive motor vehicles described as
“MC/LMV/MMV/HMV”. The investigating officer had obtained a
confirmation/verification report from the District Transport Officer,
MAC Appeal No. 465-66/2017 Page 2 of 4
Nagaland which indicated the said person to be authorized in terms of
the said document to drive motor vehicle described as “MC, LMV,
MMV, MGV” only. It is in that light that the tribunal found the plea
of the insurance company correct.
5. The appellant, however, by the present appeals insisted that the
report of the District Transport Officer, Nagaland as obtained by
police was factually not correct, in that the driving licence, held by
him authorized him to drive heavy transport vehicle as well.
6. Pursuant to directions which were issued by this Court earlier,
the District Transport Officer, District Phek, Nagaland has sworn an
affidavit on 28.11.2017 which has come on record, it having been
submitted by Assistant Resident Commissioner, Nagaland. The said
affidavit confirms that the driving licence issued to the afore-
mentioned driver permits him to drive “MC, LMV, MMV and HMV”.
7. It is argued that the vehicle involved here is a truck, a heavy
transport vehicle, though meant for carriage of goods. That distinction,
however, would not be of any consequence since the rule of main
purpose applies [ National Insurance Company V. Swaran Singh
(2004) 3 SCC 297].
8. Thus, the appeals are allowed. The recovery rights granted to
the insurance company against the appellant are set aside.
9. In terms of the interim orders, the appellant had been directed to
make certain deposits with the trial court which shall now be refunded
to him.
10. The statutory deposit, if made, shall also be refunded.
MAC Appeal No. 465-66/2017 Page 3 of 4
11. Both appeals and the applications filed therewith are disposed
of.
R.K.GAUBA, J.
APRIL 24, 2018
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MAC Appeal No. 465-66/2017 Page 4 of 4