NEW INDIA ASSURANCE CO. LTD Vs. PADMA DEVI

JUDGEMENT

(1.) THE appellant has challenged the award of the Claims Tribunal whereby compensation of Rs.12,73,000.00 has been awarded to the claimants. The appellant has challenged the award on the ground that the driver of the offending vehicle was not holding a valid driving licence and therefore, the appellant is entitled to recovery rights against the owner and driver of the offending vehicle.

(2.) THE accident dated 21st November, 1995 resulted in the death of Dhanpat Rajput. The deceased was survived by his widow, two sons and a daughter who filed the claim petition before the Claims Tribunal. The appellant contested the petition on the ground that the driving licence of the driver of the offending vehicle was found to be fake.

(3.) THE Claims Tribunal held that the witness ­ R1W3 did not bring the licence issued on Sr.No.M-1938/AG/88 and, therefore, no reliance can be placed on his statement. The Tribunal further held that the appellant has failed to discharge the burden of proving that the driving licence of the driver was not genuine.