THE NEW INDIA ASSURANCE CO. LTD v. RAJINDER AND ORS

1. The above noted appeals have arisen from a common judgment dated 22.08.2005 whereby, ld. Tribunal in Suit No. 22/05 has awarded 2014:DHC:403 compensation a consolidated amount of Rs.10,000/- on account of pain and suffering, medical treatment, loss of income etc. In Suit No. 23/05, awarded compensation for an amount of Rs.5,75,000/- on account of death of deceased Ramkali.

2. Ld. Tribunal has also granted interest @ 8% per annum from the date of filing of the petition till the payment made.

3. Since both these appeals have arisen from the common award, therefore, both these appeals are being decided by this common judgment.

4. The sole ground argued by the ld. Counsel appearing on behalf of the appellant in both the appeals is that the owner and driver of the offending vehicle fails to produce the driving licence, despite that ld. Tribunal has not granted recovery rights in favour of the appellant.

5. On perusal of the record reveals that the driving licence of Ram Iqbal Roi, i.e., the driver of the offending vehicle is on record and was issued from the Transport Authority, Muzaffarnagar, UP vide no. 965/97F on 14.11.2003. The said licence was valid up to 13.11.2006, whereas the accident had taken place on 11.02.2004.

6. I note, ld. Tribunal had granted opportunities to the appellant/ insurance company to verify the said licence. Vide order dated 04.10.2004, last opportunity was granted. Thereafter, vide order dated 07.01.2005 last and final opportunity was granted. However, the appellant failed to verify the licence.

7. The appellant/insurance company, firstly, failed to verify the driving licence before the ld. Tribunal; secondly, has not made any effort to lead additional evidence during the pendency of the instant appeal.

8. Keeping in view the discussion above, I do not find any merit in the instant appeals and the same are accordingly dismissed.

9. Statutory amount be released in favour of the appellant.

SURESH KAIT, J JANUARY 23, 2014 jg