ORIENTAL INSURANCE COMPANY LTD. Vs. MANU AND ORS.

JUDGEMENT

(1.) The instant appeal has been preferred by the appellant Insurance Company against the judgment cum award dated 16.11.1999 passed by learned Motor Accident Claims Tribunal, Jaisalmer in M.A.C. No. 31/1997 whereby, the Tribunal awarded a total compensation of 2,90,500/- to the respondents claimants on account of the death of Shri Kala Ram in a road accident and held the appellant Insurance Company to responsible to satisfy the award.

(2.) The appellant Insurance Company has approached this Court by way of this appeal assailing the award principally challenging the finding whereby it was held responsible to satisfy the decree. The challenge has been made by the appellant to the impugned award and the finding recorded by the Tribunal on the ground that the licence held by the driver of the offending vehicle was fake and thus, the Insurance Company was wrongly held responsible to satisfy the award.

(3.) Shri U.C.S. Singhvi learned Counsel for the appellant Insurance Company urged that subsequent to the decision of the claim, authorised investigator of the Insurance Company, on the basis of the investigation made by him, reported that the licence held by the driver of the insured vehicle was fake and forged. An application under Order 41, Rule 27 C.P.C. has been filed before this Court for bringing on record evidence to the effect that the licence held by the driver was fake. Shri Singhvi submitted that the Insurance Company be permitted to lead evidence in this regard and the matter be remanded back to the Tribunal for fresh consideration in light of the evidence, which is received on the application. He referred 10 the letter dated 7.12.1999 allegedly forwarded by one Shri Nityananda Routaraya Advocate wherein it has been mentioned that upon verification of the records of the DTO, Cuttack, he came to know that the driving licence No. 1604/CK/92 had not been issued to anybody by the Licencing Authority, Cuttack. Shri Singhvi relied upon the judgment rendered by the Hon'ble Division Bench of the Punjab and Haryana High Court in the case of National Insurance Company Limited v. Smt. Bala Devi and Ors. reported in 1997 ACJ 1297 and submitted that additional evidence be taken on this issue so that the defence of fake licence can be established and proved.