NATIOINAL INSURANCE COMPANY LTD. Vs. NAND LAL

JUDGEMENT

(1.) THE present appeal is preferred against the impugned award dated 19.02.2011, whereby the learned Tribunal has granted compensation for an amount of Rs.75,900/ - with interest at the rate of 7.5% per annum from the date of filing of claim petition till realization of the amount.

(2.) LEARNED counsel appearing on behalf of the appellant/Insurance Company submits that the driving licence of the driver of the offending vehicle was fake, which has been proved by RW2 and R3W1, despite, the learned Tribunal has not granted recovery rights in favour of the appellant/Insurance Company and against the respondent Nos. 2 and 3, i.e., owner and driver of the offending vehicle respectively.

(3.) IN view of the above facts, the learned Tribunal observed that the report was vague and did not disclose whether details of licence of respondent No.2 (before the Tribunal) were available or not in their record. Mere reporting that fee was not traceable, therefore, the licence was not issued, could not substantiate the proof of fake licence. It is further recorded that the appellant/Insurance Company did not examine any witness from the concerned Licensing Authority in this regard.