ORIENTAL INSURANCE CO LTD Vs. RAKESH KUMAR

JUDGEMENT

(1.) The Appellant Oriental Insurance Co. Ltd. has preferred this Review Petition under Section 114 read with Order XLVII of the Code of Civil Procedure(Code) on the ground that the Appellant Insurance Company had examined R3W2 Jamaludeen Kaim to prove that the driving licence No. C08092001262146 possessed by Pala Singh expired on 24.09.2004 and it was renewed only on 21.12.2004. It is stated that this Court had lost sight of the examination of this witness during inquiry before the Motor Accident Claims Tribunal(Claims Tribunal) and thus held in para 48 of the impugned judgment that no effort was made to summon any witness from the Transport Department to prove the willful breach of the terms of the policy.

(2.) I have perused the record. Certified copy of the statement of R3W2 appears at page 37 of the paper book. The witness deposed as under:

(3.) Thus, it is apparent that the testimony of R3W2 was not challenged by the driver of the offending vehicle that the licence was renewed only w. e. f. 21.12.2004. In this case, the accident occurred on 02.11.2004.