NEW INDIA ASSURANCE CO LTD. Vs. ROSHINI MAMGAI

JUDGEMENT

(1.) THE present appeal is preferred against the impugned award dated 24.11.2010, whereby the learned Tribunal has granted compensation for an amount of Rs.15,91,283/ - with interest at the rate of 7.5% per annum from the date of filing of the petition till the notice under Order 21 Rule 1 CPC is issued by the Insurance Company.

(2.) MR . Sameer Nandwani, learned counsel appearing on behalf of the appellant/Insurance Company submits that the driver of the offending vehicle was not holding valid driving licence on the date of the accident, and the same has been proved by R3W1, who deposed that he inspected the record from RTO, Aligarh, UP, regarding the status of the driving licence vide report Ex.R3W1/1.

(3.) LEARNED counsel submits that the appellant/Insurance Company served the notice under Order XII Rule 8 CPC to driver, Sh. Sanjay Kumar and owner, Sh. Nawab Khan to produce the original driving licence and the insurance policy, however, they have failed to do so.