New India Assurance Co. Ltd. vs Smt. Pushpa & Ors
2013 Latest Caselaw 5183 Del

$~22A
*   IN THE HIGH COURT OF DELHI AT NEW DELHI

%             Judgment delivered on: 12th November, 2013


+      MAC.APP. 897/2005

NEW INDIA ASSURANCE CO. LTD.                 ..... Appellants
                      Represented by: Mr.Pankaj Seth, Adv.

                             versus

SMT. PUSHPA & ORS                                      ..... Respondents
                                      Represented by: None

CORAM:
HON'BLE MR. JUSTICE SURESH KAIT

SURESH KAIT, J. (Oral)

1. The present appeal is directed against the award dated 14 th July, 2005 whereby the learned Tribunal has awarded compensation for Rs.5,41,000/- with interest at the rate of 9% per annum from the date of filing of claim petition till its realization.

2. Counsel appearing on behalf of appellant has argued the sole ground that the driving licence was not valid on the date of accident despite that learned Tribunal failed to grant recovery right in favour of the appellant.

3. The appellant examined R-6 Shri H.C.Gambhir, Assistant Director, New India Assurance Company Ltd. as R-6W-I. He has produced seizure memo of driving licence of Respondent No.8, i.e., the driver of scooter, as marked 'X'.

4. Counsel appearing on behalf of appellant argued that respondent No.8 was driving the offending vehicle without having a valid driving licence. Therefore, the appellant Insurance Company is entitled for recovery right against respondent Nos. 8 & 9.

5. On this issue, the learned Tribunal has opined that appellant has placed on record the document as marked 'X' which is the seizure memo of the driving licence of respondent No.8. Neither any evidence led before the Tribunal nor any application to lead additional evidence has been moved by the appellant before this Court to prove the driving licence of defendant No.8 was not valid on the date of the accident. Therefore, the fact remains that no witness from the concerned authority has been examined or produced any material whereby could be proved that the licence of the respondent No.8 was invalid on the date of the accident.

6. In my considered opinion, the learned Tribunal has rightly recorded that as per the Evidence Act, mark 'X' cannot be read as evidence. Therefore, finding no merit in the appeal, the same is dismissed accordingly.

SURESH KAIT, J

NOVEMBER 12, 2013/'SN'/RS