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2014 Supreme(HP) 58

SANJAY KAROL
National Insurance Company Limited – Appellant
Versus
Ramesh Kumar – Respondent


Advocates:
Advocate Appeared:
For the Appellant:Mr. Lalit K. Sharma, Advocate.
For the Respondents:Mr. Pawan Gautam, Advocate, for R-1 Mr. Ramakant Sharma, Advocate, for R-2.

JUDGMENT

Sanjay Karol, J. (oral)

The only issue raised in the present appeal, assailing award dated 29.8.2012, passed by Motor Accident Claims Tribunal (I), Kangra at Dharamshala (H.P.)., in M.A.C.P. No.6-J/II-2006, titled as Ramesh Kumar versus M/s Sharma Bus Service Pvt. Ltd. and others, is about the validity of driving licence of driver Suresh Kumar.

2. After appreciating the material so placed on record by the parties, and more so statement of the owner, Tribunal decided issue No.3 in the following terms:-

“10. In pursuant to the directions issued to this Tribunal, by the Hon’ble High Court, wherein, this Tribunal was directed to permit the insurance company, to, produce evidence of the DTO/Licensing Authority Amritsar, to, establish the fact, whether the renewal of licence of respondent Suresh, comprised, in Ex.RW-2/C was or was not fake, the insurer has proceeded to lead into the witness box, an official from concerned DTO as RW-3. His testimony was recorded on 5.7.2012. In his examination in chief, he, has deposed that Ex.RW-1/B contains the signatures of the, then clerk Madam Balraj Kaur. He has proceeded to depose, that, licence Ex.RW-3/C was, not, issued from the office of








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