High Court of Punjab and HaryanaFAO/5316/2013dismissed

Kundan Singh v. New India Assurance Co. And ORS

2019-01-08Mr. Justice Anil Kshetarpal2 pages

FAO No.5316 of 2013 (O&M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.5316 of 2013 (O&M) Date of Order: 08.01.2019 Kundan Singh ..Appellant

Versus

New India Assurance Co. and others ..Respondents CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL

Present:

Mr. APS Tung, Advocate, for the appellant.

Mr. Jagjit Singh Chatrath, Advocate, for Mr. Ashwani Talwar, Advocate, for respondent no.1.

ANIL KSHETARPAL, J(Oral) Owner is in appeal against the award passed by the learned Motor Accident Claims Tribunal, Gurdaspur.

The Insurance Company has been absolved from liability on the ground that the driving licence produced by the driver of the offending vehicle has been found to be fake.

Although, learned counsel for the appellant made sincere attempt but in absence of any evidence with regard to genuineness of the licence, this court does not find any good ground to interfere. It may be noticed that the owner as well as driver did not appear in evidence before the learned Motor Accident Claims Tribunal. The Insurance Company tendered copy of the insurance policy but since driving licence possessed by the driver namely Ajit was found to be fake as per the report submitted before the learned Motor Accident Claims Tribunal, therefore, the Insurance NARESH KUMAR 2019.01.16 13:46 I attest to the accuracy and integrity of this document Chandigarh

FAO No.5316 of 2013 (O&M) -2Company was absolved from liability.

Keeping in view the aforesaid facts, there is no good ground to interfere.

The appeal is dismissed.

C.M.No.22727-CII-2013 Allowed as prayed for.

C.M.No.22728-CII-2013 Deficiency in stamp duty has been made good. Delay, if any, condoned.

C.M.No.22729-CII-2013 Prayer in this application is for condonation of delay of 983 days in filing the appeal.

For reasons mentioned in the application, which is supported by an affidavit, the delay of 983 days in filing the appeal is condoned. C.M.No.22730-CII-2013 Application is allowed.

Exemption as prayed for is granted.

January 08, 2019 (ANIL KSHETARPAL) nt JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No NARESH KUMAR 2019.01.16 13:46 I attest to the accuracy and integrity of this document Chandigarh