UNITED INDIA INSURANCE LTD. Vs. RANJIT KAUR

JUDGEMENT

(1.) CLAIMANTS were allowed to produce the driving licence issued to Paramvir Singh by District Transport Officer, Faridkot by way of application moved under Order, 18 Rule 17-A CPC by them. According to them, the verification made by them, from the District Transport Officer, Faridkot disclosed that Paramvir Singh was holding driving licence for HTV/LTV. If this driving licence could not be produced earlier, the Courts are meant to do justice to the people. Rules of procedure are mere handmaid of justice. They are meant to advance justice and not to thwart justice. If material evidence is brought to the notice of the Court, the Court should not shut its eyes to it. It should allow material evidence to be furnished before it so that justice is done to the parties.

(2.) IN my opinion, learned Motor Accidents Claims Tribunal, Faridkot had exercised its discretion quite fitfully while allowing the prayer of the claimants to bring driving licence of Paramvir Singh on record said to have been issued to him by District Transport Officer. Onus will be on the claimants to prove that at the relevant time, the offending vehicle was being driven by a driver holding valid driving licence. Revision dismissed. Copy of this order be given dasti. Revision dismissed.