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JUDGMENT
THE NEW INDIA ASSURANCE CO. LTD. ..... Appellant
Represented by: Mr. Pankaj Seth, Adv.
Represented by: NEMO.
1. The present appeal has been preferred against the impugned award dated 12.03.2007, whereby Ld. Tribunal has awarded compensation for an amount of Rs.81,000/- with interest @ 7.5% per annum from the date of filing of the Claim Petition till realization of the amount.
2. Ld. Counsel appearing on behalf of the appellant submits that appellant had sent a notice under Order XII Rule 8 CPC to respondent nos. 8 & 9 to produce the driving licence and insurance policy respectively. However, they failed to do so. Accordingly, they were proceeded ex-parte as recorded by the Ld. Tribunal in Para 2 of the award.
3. Ld. Counsel further submits that driver of the offending vehicle was not holding valid licence on the date of the accident. To this effect, 2014:DHC:1832 appellant examined R3W[1] Ms. Achint Uppal, Assistant of the appellant company, who deposed that they appointed Mr. Prabhakar Tyagi, Investigator and received a report from the Licensing Authority, Mall Road, Delhi that the number of the said licence was not available in their record.
4. Admittedly, the driving licence no. C-92060632 was on record. I note, the aforementioned Licensing Authority to the information sought by the Investigator replied as under: “No record is available regarding DL NO. C-92060632 as per the computer record, whereas the clear copy may be provided to us for the further clarification of the same”
5. This communication is dated 13.01.1999. I further note, vide communication dated 24.01.2007, the appellant served a notice under Order XII Rule 8CPC to Smt. Lalita Aggarwal, owner of the offending vehicle to produce the original cover note / insurance policy along with registration book and driving licence of Jagvir Singh.
6. The communication was received by the appellant from the concerned authority on 13.01.1999, whereas the notice under Order XII Rule 8 CPC was served on 24.01.2007 and the accident had taken place on 11.04.1995.
7. The appellant has no explanation that when the driving licence was on record, what prevented the appellant to examine any witness from the concerned authority and to provide further details pursuant to communication dated 13.01.1999 sought by the authority.
8. In view of the facts noted above, I do not find any merit in the instant appeal. Same is accordingly dismissed.
9. The statutory amount be released in favour of the appellant.
SURESH KAIT, J APRIL 01, 2014 jg