MANOJ KUMAR VARSHNEY Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) HEARD Smt. Anita Srivastava, learned counsel for the appellant. This is an appeal by the owner of the offending vehicle. The Tribunal had awarded a sum of Rs. 20350/- with 6% interest. The liability has been fastened upon the owner of the vehicle as the driver of the vehicle was not having a valid licence. The only argument on behalf of the appellant is that the licence of the driver Umesh Poddar who driving the vehicle on the relevant date was file. However, the perusal of the finding recorded by the Tribunal indicates that the original licence was not filed. Only the photocopy of the same was produced. Photocopy of the licence is not admissible evidence, it would not given proof. On the other hand the report of the R.T.O. proves that no such licence was issued in the name of aforesaid driver. In view of the aforesaid the Tribunal held that the licence was not genuine and, therefore, the liability to pay the compensation is of the owner. I find no error in the findings so returned by the Tribunal. Accordingly the appeal has no merits and is dismissed. The amount of Rs. 10000/- deposited by the appellant in this Court for the purposes of filing the appeal shall immediately be remitted to the Tribunal for adjustment in the compensation to be paid.