AJAY KUMAR Vs. BAKUL ARORA

JUDGEMENT

(1.) CM-17811-CII-2017

(2.) The owner of the offending vehicle has filed the present appeal against the award passed by the learned Motor Accident Claims Tribunal, Faridabad (hereinafter referred to as "the learned Tribunal") dated 21.04.2014 absolving the insurance company from the liability to pay compensation on the ground that Jagat Singh, driver of the vehicle, was not possessing a valid driving license. At this stage, it will be noticed that when the driver was apprehended, after the accident, he handed over the driving license Ex.RX allegedly issued by the Regional Transport Office, Agra. The Tribunal summoned the record from criminal case file for production of the driving license Ex.RX. The insurance company disputed the genuineness of the driving license Ex.RX. It produced RW.l Bharat Saraswat, Junior Assistant, Regional Transport Office, Agra, to prove that the aforesaid driving license has been issued to Rayeth Kumar son of G.S.Tomar and not to Jagat Singh.

(3.) Faced with this situation, respondent No.l, while appearing in evidence, produced another driving license Ex.RW.3/B purported to have been issued by the office of the District Transport Officer, Zunhovoto, Nagaland. However, no evidence was produced by the driver to prove that the aforesaid driving license is genuine. Thus, the learned Tribunal held that the insurance company was not liable.