NEW INDIA ASSURANCE CO LTD Vs. VIDYA BAI

JUDGEMENT

(1.) THE two appeals arise out of the award dated 6. 5. 1995 passed in M. A. C. No. 21 of 1992, decided by the Motor Accidents Claims Tribunal, Sagar.

(2.) THE insurer has filed Misc. Appeal No. 717 of 1995 aggrieved of the award that no liability can be fastened on the ground that the driver of the offending truck No. MPS 6991 was not holding a valid licence. The legal representative, widow of deceased Manikchand Jain, dissatisfied with the award of compensation, has filed Misc. Appeal No. 827 of 1995 for enhancement of the compensation.

(3.) THE manner and the circumstances in which the accident occurred resulting in the death of Manikchand Jain on 6. 4. 1992 are not in dispute. The finding of rash and negligent driving of the truck by the driver is also not under challenge. The insurer has challenged the award on the ground that the driver of the truck was holding a fake licence and to establish the plea, has examined Kamlesh Kumar, Administrative Officer of the insurance company who produced the application by the surveyor on which remark was made by the Licensing Authority, Alwar that Licence No. 32012/83 was not issued by his office. Surveyor's report, Exh. D-2, was also produced to that effect. The Tribunal after appreciating the evidence, held that the insurance company has failed to establish the defence by examining the Regional Transport Officer or the Licensing Authority or any other officer to prove that no such licence was issued to driver (Satya Prakash ).