NATIONAL INSURANCE COMPANY LTD Vs. JAMUNA MANDAL

JUDGEMENT

(1.) Heard Mr S Roy, learned counsel appearing for the appellant/Insurance Company and Mr A T Sarkar, learned counsel for the respondents.

(2.) This appeal is directed under Sec. 173 of the Motor Vehicles Act, 1988, against the Judgment and Order dtd. 3/12/2016, passed by the learned Member, MACT, Kamrup, Guwahati, in MAC Case No. 79/2015, by awarding a compensation amounting to Rs.7,99,000.00 (Rupees Seven Lacs Ninety Nine Thousand) only in favour of the respondents/claimants.

(3.) The factum of accident has not been challenged in the case. Learned counsel for the Insurance Company has argued that the owner/driver of the offending vehicle at the relevant time of accident was not having valid driving licence in his name. The Insurance Company adduced evidence of one Debojit Borkotoky, who in his evidence stated that the driving licence was in the name of one Sahidul Islam and not in the name of Amar Biswas, the driver of the offending vehicle. The said witness exhibited the letter of DTO, Nalbari, but the learned Tribunal did not consider the same and came to an erroneous finding that the appellant has failed to prove that the owner/driver had not possessed valid driving licence at the relevant time of accident, in his name and as such, the impugned Judgment and Award is liable to be set aside.