NEW INDIA ASSURANCE COMPANY LTD. Vs. GAYATRI

JUDGEMENT

(1.) Heard Sri Inderpreet Singh Chaddha for the appellant and Shri G. S. Chauhan learned counsel for the cross-objector.

(2.) The instant appeal has been preferred by the insurance company against the award dated 10. 01. 2012 passed by the Motor Accident Claims Tribunal/Additional District Judge, Court No. 11, Lucknow in Claim Petition No. 251 of 2010 whereby a sum of Rs. 3,96,500/- has been award in favour of the claimant-respondents and the award has been directed to be satisfied by the insurance company who has also been granted the right of recovery.

(3.) The submission of the learned counsel for the appellant is that since the driving licence which was filed before the tribunal was an illegible copy and accordingly was neither admissible in evidence nor it was supported by any other document, accordingly in light thereof, it ought to have treated as if there is no licence at all and therefore the tribunal has erred in fastening the liability of the award on the appellant and granting it the right of recovery.