ORIENTAL INSURANCE CO LTD Vs. SNEHALATA BEHERA

JUDGEMENT

(1.) HEARD Learned Counsel for the appellant and Learned Counsel for the claimants/Respondent Nos. 1 to 5. This LPA is disposed of on their consent at the stage of admission.

(2.) JUDGMENT of Learned Single Judge passed on 27.1.2004 in M.A. No. 2 of 2001 is under challenge. It appears from that judgment that Learned Single Judge dismissed the appeal and confirmed the award passed by the Second Motor Accidents Claims Tribunal, Cuttack (in short, 'Tribunal') in Misc. Case No. 1213 of 1991. Award of the Tribunal was delivered on 17.11.1999. Appellant challenges to the aforesaid award and the judgment on the ground that the compensation awarded is excessive by adopting the higher multiplier and that, in absence of proof of a valid driving licence in favour of the driver of the offending vehicle, liability of the awarded amount should not have been saddled on the appellant.

(3.) SO far as other contention is concerned, we find from the impugned award as well as the judgment of Learned Single Judge that the driving licence of the Driver, which was seized in the police case, was found to be acceptable being valid on the date of accident and accordingly the contention of the appellant on the basis of Ext. A another driving licence was negatived. Learned Counsel for the appellant states that during the pendency of the M.A. application under Order 41, Rule 27, CPC was filed to introduce additional evidence to justify that the driving licence relied on by the Claims Tribunal is not a genuine document. If that document would have been accepted as evidence, then liability of the appellant would not have accrued.