NEW INDIA ASSURANCE COMPANY LIMITED Vs. RAM LAL

JUDGEMENT

(1.) Looking to the nature of the order I propose to pass in this appeal, it is really not necessary to delve into the facts in details. Suffice it to say that respondent No.1 is the claimant, who filed a claim petition before the learned Motor Accident Claims Tribunal (for short Tribunal) on the allegations that he while returning to his house on foot, a truck bearing registration No. HP-12C-9871 being driven by respondent No.2 in a rash and negligent manner hit him, on account whereof he sustained injuries.

(2.) In the claim petition so filed, one of the issues framed therein was with regard to the question "whether the driver of the truck/offending vehicle was not holding valid and effective licence to drive the vehicle?" The onus of this issue was placed upon the driver. This issue appears to have been decided under issue No.5, which reads as under:

(3.) It was then that issue No.4 was separately decided vide para 33 of the award in the following manner: