PURSHOTTAM Vs. PYARELAL

JUDGEMENT

(1.) The only question involved in the present appeal is: Whether, the driver was holding a valid licence on the day of incident?

(2.) The incident has taken place on 7.8.1997. According to the driver of the auto, Purshottam, DW 1, he was holding licence on the day of the incident. A photocopy of which has been placed on record as Exh. D-3. He has admitted that the licence was not issued in his presence but was got prepared by his father. In rebuttal, insurance company has examined its surveyor Prakash Mohan. According to him, the licence, Exh. D-3, was issued for a period from 8.8.1997 to 21.7.2017. He has also obtained a certificate of the licensing authority, Exh. D-5, to this effect. From this certificate it appears that licence was for the aforesaid period.

(3.) It has been submitted by the learned counsel for the respondent No.' 2 that in driving licence, Exh. D-3, itself the date of issue of licence has been mentioned as 9.8.1997. At any cost, it is not proved that the driving licence was issued on or before the date of incident. Therefore, the learned Tribunal has rightly held that the driver was not holding a valid licence on the date of incident. Consequently, learned Tribunal has committed no error in exonerating the respondent No. 2 from the liability of payment of the compensation.