VIKAS Vs. HARJIT SINGH

JUDGEMENT

(1.) THIS order of mine will dispose of F. A. O. No. 297 of 1993 filed by Vikas, owner of the car on whom the liability to pay compensation has been fastened. Cross Objection No. 71-CII of 1994 filed by the claimant for enhancement of compensation and Cross Objections No. 41-CII of 1996 filed by the Insurance Company for dismissal of the appeal.

(2.) IN brief, the case of the appellant is that he could not prove the Insurance Policy and driving licence which were on the record of criminal case as no specific issue in this regard was framed by the Motor Accident Claims Tribunal, Patiala.

(3.) THE record alongwith report of the Tribunal was received. The Tribunal afforded opportunities to the parties to produce the evidence. Sh. Ashok Mathur, Advocate who was representing the Insurance Company was called for and opportunities were granted to him to lead evidence in rebuttal to the evidence led by the owner of the car i. e. to show that the driving licence or the registration certificate and the Insurance Policy were not genuine. However, learned counsel for the Insurance Company in spite of opportunities, could not produce any evidence and could not show any circumstance lending suspicion to the genuineness of driving licence, Exh. R-1, registration certificate and Insurance policy, Exh. R-3. The Tribunal had returned a finding that the insurance policy, copy Exh. R-2 was issued on 20. 6. 1989 and was valid up to 20. 6. 1990. This cover note was for Car No. PCS-8 and in the name of Vikas Kumar son of Kewal Krishan, Mehak Restaurant; Chandigarh. Additional Issue No. 1 was decided in favour of owner of the car. On the second issue, the Tribunal also recorded a finding that Vikas at the time of accident, was holding a valid driving licence. Copy of the same was produced before the Tribunal as Exh. R-1 which was valid from 25. 11. 1985 to 24. 11. 1993.