NEW INDIA ASSURANCE COMPANY LIMITED Vs. CHAMAN LAL

JUDGEMENT

(1.) The above mentioned two appeals are brought against the common award dated 5.2.2010 passed by the Motor Accidents Claims Tribunal, Patiala (for short, "the Tribunal"). Chaman Lal and Kanta Rani, the parents of deceased Inderjit Kumar alias Shampy brought the claim petition which has been decided by the Tribunal vide award dated 5.2.2010 awarding a sum of Rs. 6,53,000/- as compensation in favour of the claimants. New India Assurance Company Limited, who brought FAO No. 4043 of 2010 challenges the liability of the insurer to pay the compensation on the ground that driving licence of the driver of the offending vehicle was not valid. On the other hand, the appellants in FAO No. 4131 of 2010 seek enhancement of compensation assessed and awarded on the death of Inderjit Kumar alias Shampy.

(2.) Inderjit Kumar alias Shampy is claimed to be aged 28 years at the time of his death. It is claimed that he was employed as Supervisor with Vidya Sagar & Sons, Timber Merchants, Patiala who were paying a sum of Rs. 8,000/- to him as salary. According to them, besides it, he was also working as a news paper hawker. These facts are denied by the respondents.

(3.) Learned counsel for the insurer has submitted that the driving licence of Rajpal Singh, the driver of the tanker No. PB-10N-9519 is not genuine. According to him, Ex. R3 is the application moved by the insurer to the Tribunal for seeking report regarding genuineness of otherwise of the driving licence of Rajpal Singh. According to him, Ex. R2 is the report of the Licensing Authority, Gwalior to the effect that the licence is not genuine. According to him, when report is sought by the insurance company through the Tribunal and the report comes from the Licensing Authority to the Tribunal, the said report is admissible in evidence and no further evidence is required to prove it. In this regard, he has placed reliance on a decision of a co-ordinate Bench of this court in Jagmohan Singh v. United India Ltd. Insurance Company and others Civil Revision No. 5768 of 2001 decided on 31.1.2002 where it has been held, that the report becomes admissible.