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2014 Supreme(HP) 1972

SANJAY KAROL
NATIONAL INSURANCE COMPANY LTD. – Appellant
Versus
RITA DEVI – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Lalit K. Sharma, Advocate
For the Respondent:Pawan Gautam and Ramakant Sharma, Advocate

JUDGMENT :

SANJAY KAROL, J.

1. The only issue raised in the present appeal, assailing award dated 29th August, 2012, passed by Motor Accident Claims Tribunal (I), Kangra at Dharamshala (H.P.)., in M.A.C.P. No. 8-J/II-2006, titled as Reeta Devi v. M/s. Sharma Bus Service Pvt. Ltd. and Others, is about the validity of driving licence of driver Suresh Kumar. 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 5th July, 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 o

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