JUDGMENT:

S.B. Sinha, J.

1. Leave granted.

2. On 14.11.2000, Ishwar Dutt Bhat was traveling in a three wheeler. It met with an accident having been hit by a truck bearing registreation No.HR 38 9179. The said vehicle was insured with the appellant.

Respondents, being the heirs and legal representatives of the said Shri Ishwar Dutt, filed a claim petition. Appellant, in its written statement, raised a contention that the driving licence possessed by the driver of the truck was a fake one.

3. In the proceedings before the Motor Vehicles Accident Claims Tribunal (the Tribunal), it prayed for examination of the concerned clerk of the Motor Vehicles Department. The said prayer was allowed. The concerned Clerk of the Licencing Authority, Alwar was summoned. The said summons were served in the office of the Transport Authority. The Transport Authority, however, did not depute any officer to produce the documents called for.

Appellant, however, brought on records evidence to the effect that on an investigation made by its own investigator, it was found that no such licence had been issued in the name of Gopal Singh, the driver of the vehicle. In its report dated 20.3.2003, the said investigat