ORIENTAL INSURANCE COMPANY LTD Vs. GURDAYAL SINGH

JUDGEMENT

(1.) THE appeal arise out of the judgment dated 21.01.2011 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby compensation of Rs.4,41,336/ - was awarded in favour of Respondents no.3 to 8 for the death of Raj Dev, who suffered fatal injuries in a motor vehicular accident which occurred on 06.06.2014.

(2.) BY virtue of an appeal, the Appellant seeks exoneration or in the alternative, right to recover the compensation from the insured on the ground that the driving licence held by the driver (Respondent no.2 herein) was fake.

(3.) IT is urged by the learned counsel for the Appellant that a notice under Order XII Rule 8 of the Civil Procedure Code, 1908(Ex.R3W1/1) was served upon the owner (Respondent no.1). However, he failed to produce any driving licence and, therefore, an adverse inference ought to have been drawn against him. It is urged that had the owner been in possession of genuine driving licence or had he seen the same with the driver, he would have definitely come forward to produce the same or would have an explanation in this regard.