ORIENTAL INSURANCE COMPANY LTD Vs. PRABHAVATI DEVI

JUDGEMENT

(1.) HEARD the parties.

(2.) THIS appeal has been preferred against the judgment and award passed by the 5th Addl. District Judge cum MACT in Claim Case no. 76/98(5/2000) whereby and whereunder compensation to the tune of Rs. 1,65,000/ - had been granted to the claimants.

(3.) THE plea of the Insurance Company is that at the relevant time the driver of the offending vehicle was not having proper licence which can be revealed from the inspection report as submitted by the surveyor at a subsequent date. But that report although being submitted in the court below has not been considered by the tribunal. On the face of it no such plea was taken by the Insurance Company in his written statement and no evidence has also been adduced from the side of the Insurance Company. Fifing of such documents do not create any right in favour of the Insurance company unless those documents are being proved properly. A so called report being submitted by the surveyor at a subsequent date can have no locus standi to be considered that there was no valid licence with the offencing vehicle.