NATIONAL INSURANCE COMPANY LTD. Vs. MANO DEVI

JUDGEMENT

(1.) Insurance Company is in appeal before this Court against the liability for paying compensation being fastened on it.

(2.) As per the case of the claimants, the deceased- Sikandar Sah died in a motor vehicle accident when he was travelling on Tempo which met with an accident due to rash and negligent driving of the driver of the tracker bearing registration no.JH 15A 0785.

(3.) The appeal has been preferred mainly on the ground that the driver of the offending vehicle namely Pradeep Kumar Singh was not having valid driving license at the time of accident. Insurance Company filed a petition before the Tribunal for a direction to the owner of the vehicle to produce the driving license, but the same was not produced. Further, on 19/4/2014 a petition filed under Order XVI Rule 6 of the CPC read with Rule 169 of the Motor Vehicle Act, directing the defendant no.1 to produce the original driving license of the driver Pradeep Kumar Singh bearing D.L. No.331/90, but the original driving license was not produced by the owner of the vehicle.