LAWS(P&H)-2012-2-300

NARESH Vs. DINESHWARI & OTHERS

Decided On February 01, 2012
NARESH Appellant
V/S
DINESHWARI And OTHERS Respondents

JUDGEMENT

(1.) Naresh who is respondent No.1 before Motor Accident Claims Tribunal, Faridabad (in short, the Tribunal) has filed the instant revision petition under Article 227 of the Constitution of India impugning order dated 10.03.2011 (Annexure P-1) passed by the Tribunal, thereby dismissing application for additional evidence moved by petitioner and Lal Chand proforma respondent No.5 herein (respondent No.2 before the Tribunal).

(2.) Respondents No.1 to 3 herein are claimants before the Tribunal. They have filed claim petition under Section 166 of the Motor Vehicles Act claiming compensation for the death of Mahesh caused in motor accident. Petitioner herein was driver of the alleged offending vehicle whereas proforma respondent No.5 herein was owner thereof. Respondent No.4 herein-insurance company was impleaded as respondent No.3 in the claim petition as insurer of the aforesaid vehicle.

(3.) Respondents No.1 and 2 before the Tribunal closed their evidence by producing driving licence Exhibit R-1 dated 31.12.2004 of the driverrespondent No.1 (petitioner herein). Thereafter the insurance company examined official of Licensing Authority, Agra as RW-1 who brought register of driving licences for the period from 21.12.2004 till 28.12.2004 regarding issuance of licences Nos.20142 to 20522 and also produced certificate issued by the Licensing Authority that driving licence No.22504 (Exhibit R-1) in the name of petitioner herein was not issued by the said Licensing Authority.