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2014 DIGILAW 633 (PNJ)

Ram Dass v. Savitri

2014-03-26

JITENDRA CHAUHAN

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JUDGMENT JITENDRA CHAUHAN, J. The present appeal has been filed by the owner of the offending truck against the impugned award dated 26.11.1999, passed by the learned Motor Accident Claims Tribunal, Bhiwani, (for short, 'the Tribunal'). The learned counsel for the appellants contends that the respondent insurance company did not plead with regard to breach of any of the terms and conditions of the insurance policy, therefore, the finding recorded by the learned Tribunal that the driver was not holding valid driving licence, is erroneous. The appellant owner had taken due diligence before employing the driver, therefore, the respondent Insurance Company ought not have been exonerated. On the other hand, the learned counsel for respondent Insurance Company has argued that the appellant did not come forward to defend his case. Except the bald statement, there is nothing to show that the appellant had satisfied himself with regard to the genuineness of the driving licence. I have heard learned counsel for the parties and perused the record. In the instant case, the respondent Insurance company examined Maan Singh, RW2, Junior Assistant, Registering and Licensing Authority, Solan, who deposed that no licence was issued in the name of Krishan son of Des Raj, the driver herein, bearing No.K17230/1991 dated 18.02.19991, neither the same was ever renewed. He also testified that the driving licence, Ex.R1, did not bear the genuine signatures of the Licencing Authority. Moreover, the original driving licence was never produced in the Court. Thus, it is evident that driving licence, Ex.R1, purported to be issued to the driver, was a fake document. The appellant owner also did not step into the witness box to prove his case. Therefore, no fault can be found in the findings recorded by the learned Tribunal. Consequently, the present appeal is hereby dismissed. The statutory amount of Rs.25,000/deposited on 19.01.2000, along with this appeal be remitted to the Tribunal for disbursement.