RANJEET RAI Vs. ORIENTAL INSURANCE CO

JUDGEMENT

(1.) The prayer in MAC. APP. No. 737/2010 is for modification of the award of the learned Tribunal dated 29.09.2009 in petition No. 397/2008 by setting aside the ex-parte order passed against the Appellant and taking on record the certified copy of the driving license which is stated to be valid on the date of the accident. The alternative prayer is for remanding back the case to the learned Tribunal to enable the Appellant to prove that the driving license was valid on the date of the accident.

(2.) At the outset, it may be mentioned that MAC. APP. No. 737/2010 is a cross-appeal to MAC. APP. No. 2/2010 filed by the Insurance Company on the ground that the driving license of the driver (the Appellant in MAC. APP. No. 737/2010) had not been renewed on the date of the accident. Thus, the only issue which arises in both the appeals is as to whether the driving license of the driver had been renewed subsequent to 02.11.1995 when it had expired.

(3.) By an order dated January 24, 2011, the Appellant in MAC. APP. No. 737/2010 was allowed to adduce additional evidence on his application under Order XLI Rule 27 Code of Code of Civil Procedure by summoning the concerned official from the Sheikh Sarai Transport Authority in order to enable him to prove that he had a valid driving license on the date of the accident, i.e., on 26th August, 1996.