NATIONAL INSURANCE COMPANY LTD. Vs. AMAR NATH

JUDGEMENT

(1.) In terms of the instant application, applicant/insurer/respondent before the Tribunal, seeks liberty to place on record evidence to prove that driving licence held by the driver, at the time of occurrence of the accident, was fake. Having heard learned counsel for the parties as also perused the record, I am of the considered view that application only merits rejection.

(2.) Accident took place on 31.1.2009. Claim petition instituted on 20.3.2009 was decided on 16.9.2011. The instant appeal was filed on 21.6.2012. At no point in time, prior to the filing of the instant application, which was so done on 21.6.2012, appellant took any plea of fake licence. The document now sought to be placed on record is dated 16.12.2011. There is no justification at all for not filing it alongwith the petition. There is inordinate delay which remains unexplained. Also record reveals the owner to have discharged the onus of prima facie, having verified the genuineness of the licence in question.

(3.) Vide impugned award dated 16.9.2011, passed by Motor Accident Claims Tribunal Solan, District Solan, H.P., camp at Nalagarh, in MACT Petition No. 11-NL/2 of 2009, titled as Amar Nath vs. Prem Kaur & others, claimant Sh. Amar Nath stands awarded a sum of Rs. 1,22,000/- including interim compensation, if any, alongwith interest @ 7.5% per annum.