Liability of Insurer - Vehicle had temporary registration number but policy of insurance incorporated engine number and chassis number - Liability to be borne only by Insurer

PUNJAB AND HARYANA HIGH COURT

Before :- K. Kannan, J.
FAO No. 7997 of 2014 (O&M). D/d. 14.10.2015.

Narinder Singh and another - Appellants
Versus
Manjit Singh and others - Respondents

For the Appellant :- Rajesh K. Dadwal, Advocate.
For the Respondent No. 1 to 4 :- Sarpreet Grewal and R.K. Kapila, Advocates.
For the Respondent No. 5 :- Eklavya Darshi, Advocate.

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Punjab and Haryana High Court, Chandigarh Judgments

JUDGMENT

K. Kannan, J. (Oral) - CM No. 21502-CII of 2014
For the reasons stated in the application, delay of 17 days in filing the appeal is condoned.
Application stands disposed of.
CM No. 21501-CII of 2014
Application is allowed, as prayed for. Annexure A-1 is taken on record.
CM No. 13132-CII of 2015
Application is allowed, as prayed. Reply filed on behalf of respondent No. 5 to the application under Order 41, Rule 27 CPC read with Section 151 CPC for additional evidence, is taken on record.
FAO No. 7997 of 2014
The only point in appeal is an issue of liability where the right of indemnity has been denied on the ground that there was no valid insurance. The contention of the appellant is that registration number had not been assigned and the accident had taken place within 8 days of the purchase. When the vehicle had a temporary registration number but the policy of insurance had incorporated an engine number and chassis number, the policy, according to him, made reference only to the vehicle which was involved in the accident. I had sought for the verification to be carried out as regards the fact whether there had been a valid insurance on the date of the accident. The counsel for the respondent-Insurance Company states that there was indeed a valid insurance.
2. That concludes the issue to the benefit of the appellant and the liability shall be borne only by the insurer with a right of full indemnity to the appellant. The direction contrary to the lower court award is modified and the appeal is allowed to the above extent.
3. An amount of L 25,000/- which is reported to have been deposited at the time of preferring the appeal is directed to be refunded with interest, if any, that stands accumulated to the deposit.
Appeal allowed.
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