NATIONAL INSURANCE CO LTD Vs. DHARAMWATI

JUDGEMENT

(1.) This appeal has been filed with an application for condonation of delay of 9 days in filing the appeal by the Insurance Company, who is also made liable to pay compensation to the claimants for the death of Sh. Shadi Ram in the motor accident.

(2.) The first point argued by the learned counsel for the appellant is that the driver of the vehicle was not holding valid driving licence and, therefore, the learned Tribunal has erred in making the appellant liable to pay the amount. The discussion of the licence is in para No. 12 of the award of the Tribunal. From the discussion, it is clear that the appellant had examined as RW-1 one Umesh, LDC of the Licensing Authority, Kaley Khan, New Delhi. He had produced the record pertaining to licence No. C-95120385, the number which is mentioned on the copy of Ex. R-2. The Tribunal held that the source of document Ex. R-2 is not brought on the file and therefore, it is not admissible in evidence.

(3.) Learned counsel for the appellant argued that the copy of the licence was got produced from the record of criminal case but who produced the same in the Criminal case, and how it was taken possession of for being produced in the criminal case, unless not shown, cannot go to show that it was a copy of the licence of the driver of the vehicle in question. The appellant has also stated in the appeal memo that the driver and the owner were proceeded against ex parte. It is, therefore, clear that none of them had produced copy of the driving licence. Unless the source of the document i.e. driving licence is not known, it cannot be said that the particular licence is that of the driver of the vehicle and that it is fake.