IN THE HIGH COURT OF HIMACHAL PRADESH AT

SHIMLA

CMPMO No.150 of 2018

th

Decided on 11 December 2025

Sardar Suriender Singh

…Petitioner

Versus

National Insurance Company Limited and another

…Respondents

Coram

Hon’ble Mr. Justice Ajay Mohan Goel, Judge

1

Whether approved for reporting? Yes

For the petitioner: Mr. Ashwani Pathak, Senior

Advocate, with M/s Virender S.

Rathore and Dev Raj, Advocates.

For the respondents: Mr. Deepak Bhasin, Senior Advocate,

with M/s Sambhav Bhasin and Aryan,

Advocates, for respondent No.1. Ajay Mohan Goel, Judge (Oral

By way of this petition, the petitioner has challenged

the order passed by the learned Executing Court, in terms whereof, in the execution preferred by the Insurance Company,

the Executing Court has ordered as under:- “As per para No.29 the order of Tribunal, the

insurance company has been liberty to recover 50% of the amount paid to the petitioner from the respondents and the reason for this recovery of 50% is given by the Tribunal to be a fake driving licence of respondent No.1 Surinder Singh. Surinder Singh was driving the vehicle of respondent No.1 and shared the relationship of master and servant.

As Surinder was acting on behalf of the owner by driving th