NEW INDIA ASSURANCE CO. LTD. Vs. ROOP RAM

JUDGEMENT

(1.) THE present appeal has been preferred against the impugned award dated 09.02.2007, whereby Ld. Tribunal awarded compensation for an amount of Rs.60,500/ - with interest @ 9% per annum from the date of filing of the Claim Petition till realization of the amount.

(2.) LD . Counsel appearing on behalf of the appellant submits that the appellant had sent a notice under Order XII Rule 8 CPC to respondent no. 3 / owner of the offending vehicle for producing the valid driving licence. However, he failed to do so.

(3.) HE further submits that owner of the offending vehicle in his written statement did not deny the involvement of the offending vehicle and factum of accident. Moreover, respondent no.2, driver of the offending vehicle neither produced the driving licence nor appeared before the Ld. Tribunal and was proceeded ex -parte. In such eventuality, Ld. Tribunal ought to have granted recovery rights in favour of the appellant.