NATIONAL INSURANCE COMPANY LTD. Vs. RAVI

JUDGEMENT

(1.) Appellant/Insurance company has assailed the impugned award dated 06.12.2003 passed in Claim Case No. 21/01 by the First Additional Motor Accident Claims Tribunal, Shivpuri (M.P.), on the ground that when original license as was produced by the driver was proved to be fake, then subsequent renewal will not turn the renewed license to be genuine.

(2.) Learned counsel for the appellant submits that the reasoning given by learned Claims Tribunal that the register which was brought by the officer of the R.T.O. namely- DW/2-Khemraj, was not in a serialized manner and there were certain loose entries could not have been used to make award against the insurance company inasmuch as there was a specific question put by learned counsel for the claimant to DW/2 i.e. official from R.T.O., Jhansi, namely- ...[VARNACULAR TEXT OMITTED]... Thus, it is apparent that learned counsel for the claimant had put a specific question about the insurance of license No. 9125 and the deponent had clearly mentioned that such license was never issued, therefore, merely on technicalities about the upkeep of the official record which is not within the control of the insurance company, the insurance company could not have been fastened with liability to pay the claimant.

(3.) Learned counsel for the appellant has placed reliance on the judgment of Supreme Court in the case of New India Assurance Company, Shimla v. Kamla and Others as reported in (2001) 4 SCC 342, wherein it has been held that-