United India Insurance Co. Ltd. v. Vinod Kumar & ORS.

$~4 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ MAC.APP. 186/2013 UNITED INDIA INSURANCE CO. LTD.

..... Appellant Through:

Mr. Sameer Nandwani, Advocate versus VINOD KUMAR & ORS.

..... Respondents Through:

Mr. Narender Mukhi, Advocate for respondent No.3

CORAM:

HON'BLE MR. JUSTICE J.R. MIDHA

O R D E R

% 03.07.2018 1.

The appellant has challenged the award of the Claims Tribunal whereby compensation of Rs.47,185/- has been awarded to respondent No.1. 2.

The appellant is claiming recovery rights against the owner of the vehicle on the ground that the driving license of the driver was fake. However, no evidence was led by the appellant to prove that the driving license was fake.

3.

Learned counsel for the appellant submits that the appellant be permitted to lead evidence to prove that the driving license was fake. 4.

This Court is not inclined to permit recording of the additional evidence considering the trivial amount of Rs.47,185/- is involved. 5.

The appeal is dismissed. The statutory amount be refunded back to the appellant.

6.

Learned counsel for the appellant submits that the appellant has deposited Rs.89,745/- with the Registrar General of this Court in terms of order dated 9th August, 2017. Since there is no appearance on behalf of

respondent No.1, the Registrar General is directed to refund the said amount to the appellant along with the interest accrued thereon. J.R. MIDHA, J.

JULY 03, 2018 ds