Nicl v. Sohan Lal

FAO No.745 of 1998

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH FAO No.745 of 1998 Date of Decision.17.04.2018 National Insurance Company Limited ...Appellant

Versus

Sohan Lal and others

...Respondents

CORAM:- HON'BLE MR. JUSTICE ANIL KSHETARPAL

Present:

Mr.R,M.Suri, Advocate for the appellant.

ANIL KSHETARPAL , J.

(ORAL) Insurance Company is in the appeal against the award dated 3.10.1997 passed by the learned Motor Accident Claims Tribunal (`the Tribunal' for short).

The only argument raised by the learned counsel for the appellant is that the Driver of the offending vehicle namely Pirthi Pal was not holding a valid driving licence. The learned Tribunal has noticed that driving licence was produced as Ex.R-1. The learned Tribunal has further noted that the Insurance Company did not bring on record any documentary evidence, casting doubt on the genuineness of the driving licence of the Driver.

Learned counsel for the appellant has vehemently argued that driving licene was produced in the evidence on 15.9.1997, whereas on the same day, the evidence was closed. In this regard, it may be noticed that the claim petition was decided on 3.10.1997. The Insurance Company never applied before the learned Tribunal for permission to lead evidence doubting the correctness of the driving licence. Mukesh Kumar 2018.04.21 11:54 I attest to the accuracy and integrity of this document

FAO No.745 of 1998 This appeal was filed in the year 1998. No application for additional evidence was filed. In such situation, this Court does not find any good ground to interfere with the impugned award passed by the learned Tribunal.

The present appeal is dismissed. Pending application(s), if any shall also stand disposed of.

17.04.2018 (ANIL KSHETARPAL) mks JUDGE Whether speaking/reasoned: Yes/No Whether Reportable:

Yes/No Mukesh Kumar 2018.04.21 11:54 I attest to the accuracy and integrity of this document