Delhi Transport Corporation Ltd v. United India Insurance Co Ltd

$~6 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ MAC.APP. 122/2018 DELHI TRANSPORT CORPORATION LTD ..... Appellant Through:

Mr. Jyotindra Kumar, Adv.

versus UNITED INDIA INSURANCE CO LTD .....Respondent Through:

Ms. Prabhsahay Kaur, Adv. for GNCTD.

CORAM:

HON'BLE MR. JUSTICE J.R. MIDHA

O R D E R

% 27.07.2018 1.

The appellant has challenged the recovery rights granted by the Claims Tribunal to respondent to recover the award amount from the appellant on the ground that the driving licence of the driver was found to be fake.

2.

Learned counsel for the appellant submits that the appellant was not aware, at the time of appointing the driver, that his driving licence was fake. It is further submitted that the appellant took the driving test of the driver at the time of the accident and the original licence produced by the driver was believed to be true.

3.

This Court is of the view that it was the bounded duty of the appellant, being a public corporation, to have verified the genuineness of the licence before confirming the appointment of the driver. In that view of the matter, taking the driving test of the driver and believing the driving licence produced by driver to be true, is not sufficient discharge of the duties. There is no infirmity in the recovery rights granted by the Claims Tribunals to the Insurance Company to recover the award amount from the appellant.

4.

Learned counsel for the appellant submits that the appellant be granted recovery right to recover the award amount from the driver who was holding a fake driving licence.

5.

The appellant is at liberty to recover the award amount from the driver in accordance with law.

6.

The appeal is disposed of in the above terms. 7.

Copy of this order be given dasti to counsels for the parties under the signature of Court Master.

J.R. MIDHA, J.

JULY 27, 2018/uj