NATIONAL INSURANCE CO. LTD Vs. JITENDER KUMAR

JUDGEMENT

(1.) THIS Appeal is directed against a judgment dated 29.08.2009 passed by the Motor Accident Claims Tribunal(the Claims Tribunal) whereby a compensation of Rs.37,230/- was awarded in favour of the First Respondent for having suffered injuries in a motor vehicle accident which occurred on 02.03.2006. The Appellants plea that there was a conscious and willful breach of the terms of the policy was rejected by the Claims Tribunal.

(2.) BY an order dated 02.12.2009, a notice of the Appeal was ordered to be issued to Respondents No.2 to 4 only on the issue of liability whether the Appellant would be entitled to recovery rights against the Respondents?

(3.) TO prove that the driving licence was fake, the Appellant examined R4W1 Ajay Sethi. Mr. Ajay Sethi deposed that an investigator Rajender Kumar Mishra has given a report (Ex.R4X2) to show that the licence possessed by the driver was not valid. The investigator was not produced in the Court to depose about this fact. A report Mark ,,A1 purported to be issued by the Licensing Officer, Motor Vehicle Licence Department, Mainpuri was placed on record, but the same was not proved.