NEW INDIA ASSURANCE CO LTD Vs. SURESH KUMAR

JUDGEMENT

(1.) THE Appellant New India Assurance Co. Ltd. impugns a judgment dated 27.02.2012 passed by the Motor Accident Claims Tribunal(the Claims Tribunal) whereby while awarding a compensation of `1,05,051/-, the Appellant's plea for grant of recovery rights was rejected.

(2.) THE Appellant has moved an Application for leading evidence on the ground that it successfully proved breach of the terms of the policy by issuing a notice under Order XII Rule 8 CPC to the Respondents No.2 and 3 to produce the driving licence of the driver. Respondents No.2 and 3 failed to produce the driving licence. A report was also obtained from District Transport Officer, Amritsar which disclosed that the driver did not possess a valid driving licence issued by that authority. It has been stated that the Claims Tribunal committed an error in holding that the report was not proved. THE Appellant Insurance Company may be permitted to prove the report of the Transport Authority in order to prove the breach of the terms of the policy.

(3.) WHILE holding that the Appellant failed to prove the breach of the terms of the policy, the Claims Tribunal observed as under: