N.I.C.Ltd vs Smt.Harsha & Ors on 25 September, 2008

                                              S.B.Civil Misc. Appeal No 1237/08
                               National Insurance Co. Ltd. vs. Smt. Harsha & ors.
                               1

                 S.B.Civil Misc. Appeal No 1237/08
           National Insurance Co. Ltd. vs. Smt. Harsha & ors.

Date of Order: 25.9.2008.

                           PRESENT
                HON'BLE MR. PRAKASH TATIA, J.

Mr.Sanjeev Johari for the appellant.

…

Heard learned counsel for the appellant.

The appellant’s contention is that the driving license of

the truck driver Baluram was forged and fake driving license.

I considered the submission of the learned counsel for the

appellant and perused the reasons given in the award dated

24.6.2008 passed by the court of Motor Accidents Claims

Tribunal (Additional District Judge(Fast Track), Dungarpur camp

Sagwada.

It appears from the reasons given by the tribunal while

deciding issue nos.3 and 5 that the appellant though took a plea

of fake license but did not produce any evidence except the oral

evidence of its witnesses. A certificate Ex.A. 2 was produced by

the appellant but in that, there is only fact mentioned is that

the driving license is forged but in that certificate there is no

mention of name of driver and the father’s name etc. for whom
S.B.Civil Misc. Appeal No 1237/08
National Insurance Co. Ltd. vs. Smt. Harsha & ors.
2
it has been issued. The appellant further did not produce the

receipt of Rs.20/- by which the investigator of the appellant-

Company may have inspected the record of the RTO or sought

the copy of the license.

In view of the above reason, there was no reason to hold

that the driving license produced from the claimants’ side was

fake and forged.

In view of the above, there is no merit in this appeal.

Hence the appeal of the appellant is dismissed.

(PRAKASH TATIA),J.

mlt