NATIONAL INSURANCE COMPANY LTD Vs. SHAMSHER SINGH

JUDGEMENT

(1.) THESE three Appeals arise out of a common judgment dated 04.07.2008 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby three Claim Petitions titled Shamsher Singh & Ors. v. Suraj Bhan & Ors. (Suit No.248/2001), Shamsher Singh v. Suraj Bhan & Ors. (Suit No.249/2000) and Smt. Suman Lata & Ors. v. Suraj Bhan & Ors. (Suit No.250/2001) were decided and compensation was awarded in favour of the Claimants.

(2.) THE only ground of challenge is that the Appellant Insurance Company by examining R4W1 Akshaya Kumar Ramtaraya proved that the initial driving licence (issued in the year 1984), held by the First Respondent Suraj Bhan, who was the driver of the bus No.HR-39-4628 at the time of the accident on 07.05.2001, was fake. Thus, it is contended that the subsequent renewal on the basis of the initial fake licence cannot validate the forgery and even the subsequent licence would become invalid.

(3.) AFTER filing its written statement, the First Respondent preferred not to contest the proceedings. He was ordered to be proceeded ex-parte. He was still concerned about the case and the interest of his employer Respondents No.2 and 3, he, therefore, examined himself as R2W1. He deposed that the accident was not caused because of his negligence. He stated that he was holding a valid driving licence at the time of the accident. He also proved a photocopy of the driving licence as Ex.R2W1/A. In cross-examination, the First Respondent testified that the driving licence Ex.R2W1/A was issued on the basis of a previous licence issued from Cuttack. The previous licence was issued by the MLO, Cuttack in the year 1984. A suggestion was given to the First Respondent that his previous driving licence was fake. Thus, it was for the first time on 20.04.2007 that the Respondent Insurance Company without any pleading tried to set up a case that the driving licence possessed by the driver was on the basis of a previous driving licence issued by the Cuttack Transport Authority was fake.