SEEMA KUMAWAT Vs. BUDHA RAM

JUDGEMENT

(1.) THESE appeals are directed against the award of the Motor Accident Claims Tribunal, Sikar dated 13/8/2007 by which as many as twelve claim petitions were decided simultaneously.

(2.) LEARNED counsel for the appellants has assailed only the finding of the learned Tribunal on Issue No.3, which was whether the driving license of driver-respondent No.1-Budha Ram was genuine or it was forged. LEARNED counsel for the appellants has argued that the driver and owner filed an application before the Tribunal to adduce evidence that the license was renewed by the D.T.O. Sikar not once but twice after getting genuineness of the license verified from the D.T.O. Sanapati (Manipur). The application filed by the driver and owner in that behalf remained undecided and the learned Tribunal proceeded to decide Issues No.2 and 3 against driver and owner and while doing so, exonerated the insurance company from its liability to indemnify the owner to make payment of compensation to the claimants. LEARNED counsel for respondents No.1 and 2 driver and owner also supported the argument of the learned counsel for the appellants. He submitted that neither any representative of the office of DTO Sikar was produced, nor the original record was examined nor the DTO Sikar was called to prove as to on what basis he renewed the license. LEARNED counsel for the appellants submitted that the case produced by the insurance company was based on the inspection report carried out by their investigators but nothing tangible was proved. NAW1 Subhash Mathur, representative of the insurance company in his statement has admitted that DTO Sikar has renewed the license.