NIRANJAN DEBNATH Vs. BIBHU DEBNATH

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The sole issue which arises for consideration in the present appeal is as to whether findings returned by the Motor Accident Claims Tribunal, fixing liability that of the owner are borne out from the record or not?

(3.) Well, having perused the material so placed on record, such findings cannot be said to be perverse but, however, there is one aspect requiring consideration and that being the owner's inability for not placing on record the original insurance policy in accordance with law. Before this court it is not disputed that the owner had taken all steps and exercised due diligence, in ensuring that this original document is placed on record. The fault, in not doing so is not that of the owner.