NATIONAL INSURANCE CO LTD Vs. BIMLA DEVI

JUDGEMENT

(1.) The only ground of challenge in this appeal filed under section 173 of Motor Vehicles Act, 1988 against the impugned judgment and award dated 6.12.1999 passed in M.A.C. Case No. 51 of 1997 by learned Motor Accidents Claims Tribunal, Bilaspur is that the driver of the offending vehicle at the time of the accident did not hold a valid driving licence.

(2.) The following 5 issues were framed by the Tribunal for adjudication:

(3.) Issue No. 3 alone is relevant for our purposes in this appeal because the question of validity of driving licence involved in this appeal is the subject-matter of this issue. Finding of the Tribunal on issue No. 3, onus whereof was on the appellant insurer is contained in para 8 of the impugned judgment and award. I have seen para 8 and find that the Tribunal has made a very pertinent observation to the effect that the appellant insurer did not lead any evidence to establish or prove the fact regarding the invalidity of the driving licence of the driver, except to produce three documents, being Exhs. R5 to R7 before the Tribunal. The Claims Tribunal's observation further is that these three documents have not been proved in any manner whatsoever and that in any case Exh. R7 is a wholly illegible photocopy of a so-called driving licence and that nothing can be made out from this illegible photocopy, apart from the fact that this has not been tendered in evidence appropriately nor has this document along with other two documents Exhs. R5 and R6 been proved in any manner.