UNITED INDIA INSURANCE COMPANY LIMITED Vs. ANBARI

JUDGEMENT

(1.) Leave granted.

(2.) The respondents though served have not appeared either personally or through a lawyer.

(3.) Learned counsel for the appellant submitted that the point regarding validity of the driver's licence was raised by the appellant before the Motor Accidents claims tribunal and the tribunal in accepting photo copy of a document purporting to be the driver's licence and recording a finding that the driver had a valid licence has committed a grave error of law. He also submitted that the High court has not dealt with the said contention of the appellant and without giving any reason has dismissed the appeal. The tribunal and also the High court have failed to appreciate that production of a photo copy was not sufficient to prove that the driver had a valid licence when that fact was challenged by the appellant and genuineness of the photo copy was not admitted by it. Therefore, the judgment and order passed by the High court in fao No. 2368 of 1998 deserves to be set aside. We accordingly, allow this appeal and remit the matter back to the High court for deciding the said appeal afresh after giving an opportunity of hearing to the parties.