NEW INDIA ASSURANCE CO LTD Vs. DILAWAR @ MUKHTAR

JUDGEMENT

(1.) Despite service, none is appearing on behalf of the respondent Nos.2 to 4, therefore, this Court is compelled to proceed with the matter.

(2.) The present appeal has been filed by the appellant/Insurance Company assailing the award dated 04.01.2012,whereby the learned Tribunal has awarded a compensation of Rs.1,70,046/- along with interest at the rate of 7.5% per annum.

(3.) The sole ground argued by the learned counsel for the appellant/Insurance Company is that the respondent No.2/driver of the offending vehicle was not holding valid driving licence and the appellant/Insurance Company had issued a notice under Order XII Rule 8 of the Code of Civil Procedure, 1908 to him to produce the same, however, he failed to do so. Moreover, the police had filed a charge sheet in a criminal case, wherein the respondent No.2/driver was charged under Sections 3/181 of the Motor Vehicles Act, 1988 (for short 'MV Act'). Fact remains that the respondent No.2/driver neither produced the driving licence before the police nor before the learned Tribunal. Thus, it is proved that he was not holding driving licence on the date of accident.