NATIONAL INSURANCE CO LTD Vs. MUNNI DEVI

JUDGEMENT

(1.) AMITAVA Lala, J. This appeal is arising out of an order dated 13th December, 2007 passed by the Motor Accident Claims Tribunal, Bulandshahr awarding a sum of Rs. 5. 44. 500/- alongwith interest @ 6% per annum from the date of presentation of claim petition till its realisation to be paid to the claimants on account of death of the deceased. The opposite parties i. e. owner and Insurance Company were made liable jointly and severally to pay the awarded amount.

(2.) THIS appeal has been preferred by the Insurance Company on account of quantum of the awarded amount and negligence on the part of the driver/owner and non-availability of driving licence inspite of rejection of its application under Section 170 of the Motor Vehicles Act, 1988, as submitted by the learned Counsel appearing for the appellant.

(3.) AT the time of coming to conclusion on this issue, the Tribunal held that the Insurance Company has not given any suggestion with regard to production of the photocopy of the driving licence produced by the owner, being not legible in nature. It is true to say photocopy of the document is a secondary evidence. It can be accepted by the Court subject to leave on production of original of such document. But the prime duty of the objector is to rebut about its validity. Since there was no rebuttal, the Tribunal has rightly accepted the same in the summary proceeding. The Insurance Company could have rebutted and called upon the witness from the Regional Transport Authority to verify the genuineness of the licence upon comparing with the original record to accept the same as a piece of evidence but when no such rebuttal is made by the Insurance Company, the document was presumed to be genuine for the Tribunal. Failure, if any, cannot be rectified by way of appeal particularly in a situation when the appeal is otherwise not maintainable in view of rejection of application under Section 170 of the Act.