NEW INDIA ASSURANCE CO LTD Vs. SUBEY SINGH

JUDGEMENT

(1.) THE present appeal has been preferred by the Insurance Company against the impugned award dated 19.05.2010, whereby the learned Tribunal has granted the compensation as under:- <FRM>JUDGEMENT_1841_ILRDLH23_2013.htm</FRM>

(2.) LEARNED counsel appearing on behalf of the appellant/Insurance Company has mainly argued on two points, firstly, the respondents/claimants have not proved the negligence of the driver of the offending vehicle and secondly, in the absence of the licence or fake licence, the Insurance Company is not liable to pay any compensation and it should be exonerated from any liability.

(3.) THE learned Tribunal on the issue of fake licence has opined that in the report dated 23.04.2008, the Investigator Sh. Surender Kumar Sharma had mentioned that in view of the seizure of the entire record by the District Magistrate, due to the involvement of RTO Clerk Om Prakash Verma in issuing fake licence, it was not possible to give any such report showing that the driver was not having a valid driving licence.