NEW INDIA ASSURANCE CO LTD Vs. VIPIN KUMAR

JUDGEMENT

(1.) IN this case arguments were heard on 22.12.2008 and it was ordered to be listed today for orders.

(2.) WHILE going through the file for dictating judgment it was felt, that on certain questions clarifications are required from learned Counsel for the respondent. Therefore learned Counsel for the parties were heard again and then order was dictated in Court.

(3.) MR . Sharma, learned Counsel for the appellant urged only ground in support of this appeal was, that the District Forum below fell into error by passing the impugned order against his client and directing it to pay Rs. 88,045 plus Rs. 18,000 as crane charges, total Rs. 1,06,045 with interest @ 9% per annum from the date of filing of the complaint i.e. 21.4.2005 till realization along with litigation costs of Rs. 1,000. As according to him, this is a case where it stood proved beyond any shadow of doubt that the licence of the driver namely Ranjit Singh who was on the wheel at the time of accident was fake. There was irrefutable evidence to that effect on the complaint, which has been completely overlooked. This position was contested by learned Counsel for the respondent, as according to him driving licence of the driver who was on the wheel at the time of accident was genuine and has been proved as such. Further according to him view taken by the District Forum below is legally valid and calls for no interference. Thus he prayed for upholding the said order while dismissing this appeal with cost.