NATIONAL INSURANCE COMPANY LTD. Vs. DURGESH

JUDGEMENT

(1.) The present appeal is preferred against the impugned award dated 06.01.2011, whereby the learned Tribunal has granted a total compensation of Rs.24,63,600/- with interest at the rate of 7.5% per annum from the date of filing of the petition till realization of the amount.

(2.) Learned counsel appearing on behalf of the appellant/Insurance Company has argued that the appellant/Insurance Company has examined its Senior Assistant as R2W1; and proved the DL verification report in respect of the driving licence of respondent No.6 as Ex.R2W1/2, notice under Order XII Rule 8 CPC as Ex.R2W1/3, postal receipts as Ex.R 2-W1/4 and the AD card of the same as Ex.R2W1/5. He has further stated that the DL was fake, therefore, the Insurance Company is not liable to pay any amount.

(3.) Learned counsel has submitted that they have filed two applications dated 20.03.2010 and 16.04.2010 before the learned Tribunal seeking dasti summon against the Licensing Authority, Meerut, which were duly served upon the said Authority, however, none appeared on their behalf. Therefore, the appellant has taken proper steps for summoning the concerned person from the licensing authority. However, no one appeared from the authority in response to the summons. Therefore, the appellants are not responsible for the non-compliance of the orders passed by the Ld. Tribunal.