IN THE HIGH COURT OF DELHI AT NEW DELHI MACA No.381/20in Date of Decision: Tulv05. 2010 UNITED INDIAINSURANCECO LTD Appellant through Mr. L.K.Tyagi, Advocate versus ^ BRIJ PAL & 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? i 2. To be referred to the reporter or not? i 3. Whether the judgment should be repoi4;edin the 'Digest'? REKHA SHARMA. T. (ORAL) This appeal has been preferred by the Insurance Company against the award dated April 29, 2010 passed by the Motor Accident Claims Tribunal, on the ground that despite service of notice under Order 12 Rule 8 of the Code of Civil Procedure, neither the driver nor the owner of the offending vehicle produced the driving licence and hence, the Claims Tribunal went wrong in saddling the Insurance Company with the hability to pay the compensation. On going through the award, I find that the Claims Tribunal has held that the Insurance Company summoned no witness to prove its case that the driver of the offending vehicle did not possess a valid MACANo.381/2010 Page 1 of 2 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 driving licence and has further held that merely because the InsuranceCompanyhad served upon the owner or the drivernotice underOrder12 Rule 8of the Code of CivilProcedure,it does not get absolvedfrom its habilityto pay the compensaUonamount,especially when the offendingvehicle was covered under the insurancepolicy issued by the appellant. I am in agreementwith the finding of the learnedClaimsTribunal. In my view, in the absenceofanyprooffrom the side of the InsuranceCompany,the plea that the driverwas not havinga validdrivinghcenceis of no consequence. The appeal has no merit and is dismissed as such. A sum of Rs.19,027/-which has been depositedin this court as a pre-condition to the hearing ofthe appeal,shallbe refundedto the appellant, C.M. No.11391/2010 This is an application by the appellant seeking exemption from filing certified copy of the impugned order dated April 29, 2010. The application is allowed subject to all just exceptions. REm?V^HARMA,7. JULY 05, 2010 PC/ka MACANo.381/2010 Page2of2