NEW INDIA ASSURANCE CO Vs. SARASWATI DEVI

JUDGEMENT

(1.) Heard Mr. D.C. Ghosh learned Counsel for the appellant.

(2.) This appeal is directed against the Judgment and award dated 11.6.99 passed by Motor Vehicle Claims Tribunal in M.V. Suit No. 105/96 whereby a sum of Rs. 3,33,000.00 has been awarded to the respondents who are the widow, minor sons and daughters of the deceased.

(3.) Mr. Ghosh has assailed the impugned judgment on the ground that the person, who was driving the vehicle, was not holding a valid driving licence. In this connection, learned Counsel filed surveyor's report and also examined the Surveyor. The Tribunal came to the conclusion that the surveyor's report cannot be relied upon without there being any evidence of independent witnesses particularly the witnesses from the Transport Department.