r- IN THE HIGH COURT OF DELHI AT NEW DELHI MACA No.408/2010 Date of Decision; Tulv 13. 2010 UNITED INDIA INSURANCE COMPANY Appellant through Mr. Motish K. Singh, Advocate with Mr. Ajit K. Singh, Advocate versus OM PRAKASH & ORS Respondents through None CORAM: HON'BLE MISS JUSTICE REKHA SHARMA 1. Whether the reporters of local papers may be allowed to see the judgment? 2. To be referred to the reporter or not? 3. Whether the judgment should be reported in the 'Digest'? REKHA SHARMA. T. (ORAL) This appeal by the United India Insurance Company has been filed on the sole ground that though an objection was taken in the written statement that the driver of the offending vehicle did not possess a valid and effective hcense, the Claims Tribunal has not dealt with the objection. It is, however, not disputed by the learned counsel for the Insurance Company that no evidence was led before the Claims Tribunal to prove the said averment except for placing on record the report of the Surveyor who carried out investigation on this aspect. MACA No.408/2010 Page 1 of2 Digitally Signed By:AMULYA Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. Signature Not Verified Having regard to the fact that it is the Insurance Company's own case that no evidence was led to prove the fact that the driver of the offending vehicle did not possess a valid driving license, I am of the view that the Claims Tribunal was not obliged to deal with the objection taken in the written statement. The mere fact that the report of the Surveyor has been placed on the record, is no evidence in the eye of law, more so, when the Surveyor was not even examined to prove his report. In view of the above, the appeal has no merit. The same is dismissed. However, in case it is held in the criminal proceedings lodged against the driver that he was driving the offending vehicle without a vaUd and proper hcense, the Insurance Company shall be at liberty to take recourse to such proceedings as shall be available to it in law to recover compensation which it has been held liable to pay to the claimant, from owner or the driver, as the case may be. C.M. No.11986/2010 This is an application by the appellant under Section 151 of the Code of Civil Procedure seeking exemption from filing certified copy of the impugned order/judgment. The application is allowed subject to all just exceptions. REKHA SHARMA, J. JULY 13, 2010 ka MACA No.408/2010 Page 2 of 2