NEW INDIA ASSURANCE COMPANY LIMITED Vs. RAMESH KUMAR

JUDGEMENT

(1.) This order will dispose of aforesaid appeals as these have emerged out of same award dated 13.10.2015 passed by the Motor Accidents Claims Tribunal, Kurukshetra (in short, 'the Tribunal') with regard to death of Rakesh Kumar and injuries sustained by Ramesh Kumar in a motor vehicular accident that took place on 11.01.2014.

(2.) For the sake of convenience, facts are taken from FAO No. 1594 of 2016.

(3.) Counsel for the appellant-insurance company has assailed liability of the insurer to pay compensation by contending that driver of the offending vehicle was not possessing a valid driving licence. For this purpose, he sought to rely upon circular dated 01.08.2014 purported to be issued by the Transport Commissioner, Kohima, Nagaland for information of the public that driving licence is issued on Smart Card through the national software (Sarathi) from 30.10.2009. Any licence purported to have been issued by the authority in Nagaland on booklet form after 30.10.2009 is not genuine. The driving licence holders having booklet or on any manual formats other than Smart Card were called upon to report to office for the purpose of digitizing their data and subsequent issue in Smart Card format and exercise to be completed before 01.12.2014 and thereafter driving licences other than Smart Card would be treated as cancelled.