SURJEET SINGH Vs. HIRA LAL

JUDGEMENT

(1.) THE short point involved in this appeal is whether the Insurance Company, respondent No. 3, can be exonerated from the liability of paying compensation to the claimants so far as the present proceeding is concerned.

(2.) MR . Siddique, learned Counsel appearing for appellant has pointed out that at the relevant time the driver of truck bearing number CPF 8273 was having a valid licence and evidence on record proves abundantly that he was driving the said truck rashly and negligently when the said accident took place. Mr. A.H. Khan appearing for the Insurance Company pointed out that the said licence could not be produced at the time of hearing of claim case because the said driver had not produced it. Mr. Siddique argued that when the driver did not appear and did not contest the said proceeding, it was not possible for the appellant to procure the said licence from the driver of the said vehicle and to keep it on record.

(3.) SO far as the present appeal is concerned, Mr. Siddique has pointed out that the driver of the said truck had appeared in the appeal and produced his licence which supports his argument that at the time of said accident the driver was having a valid licence.