NEW INDIA ASSURANCE CO LTD Vs. JAIMAL SINGH

JUDGEMENT

(1.) THESE are two Appeals arise out of a common judgment dated 02.06.2011 passed by the Motor Accident Claims Tribunal whereby a compensation of `14,17,768/- and `14,17,768/- was awarded for the death of Aleem Ahmed and Wakil Ahmed who died in a motor accident which occurred on 24.06.2010.

(2.) THE only ground of challenge is that Jitender Sahni the Respondent No.2 had produced before the IO a driving licence, which on verification was found to be fake. It is admitted case of the parties that the a second driving licence Ex.RW1/1 was produced before the Motor Accident Claims Tribunal on 11.11.2010. THE Respondent No.1 entered the witness box as RW-2 and testified that before employing the Respondent No. 2 (Jitender Sahni) as a driver he saw the driving licence Ex.RW1/1 and was satisfied that the driving licence was genuine. A suggestion was put to the witness that he has supplied copy of driving licence (mark R3/B) of the driver to the IO during investigation of the case which was denied by him. THE Insurance Company preferred not to examine the IO to prove this fact.

(3.) HERE is a case where the owner says that he has seen the driving licence Ex.RW1/1. The Insurance Company preferred not to verify its genuineness and comes to file an appeal against a well reasoned order passed by the Claims Tribunal.