2020 9 ADJ 685 ; 2020 6 AllLJ 464 ; 2020 5 AWC 4534 ; 2020 0 Supreme(All) 887

IN THE HIGH COURT OF ALLAHABAD
ALOK MATHUR, J.
The National Insurance Company Ltd Lko. Thru Regional Manager - Appellant
Versus
Sri Ram Prakash And Ors. - Respondents
First Appeal From Order Defective No.171 of 2020
Decided on : 21-09-2020

Point of law: In exercise of its appellate powers, this Court can certainly look into questions pertaining to perversity of findings recorded by the Tribunal, and only when examining the record which may indicate existence of overwhelming evidence adduced by one party, and recording of a contrary finding of fact by the Tribunal, this Court would have sufficient powers to reverse such a finding. In the present case not an iota of evidence has been led by the appellant so as to give an occasion to this Court to embark on an exercise for re-examination of the evidence with regard to the driving licence of respondent no.7. This Court after examining the entire record of the case as produced by the appellant in the instant appeal, disposes of the same at the admission stage itself as the Court does not find any material or ground to entertain the appeal.

Right to Information Act – Motor Vehicles Act, 1988 – Sections 163, 166 – Claim – Delay – Appeal has been filed with a delay of 151 days. The delay has been duly explained by the appellant stating that the same has been occasioned on account of obtaining the documents and also on account of on ongoing Pandemic of Covid 19. – The delay has been explained satisfactorily. The delay is condoned. – National Insurance Company Limited, Lucknow (Appellant) is in appeal against the judgment and order dated 15.1.2020 passed in Claim Petition No.805/2015 which was filed by the respondents, who are legal heirs of the deceased, and the claim has been allowed and the appellant has been directed to pay Rs.4,73,200/-along with interest at the rate of 8 per cent per annum to the opposite parties.

Finding of the court:

Appellant have failed to discharge the onus by adducing any credible evidence to enable this Court to return a contrary finding. – Apart from the report of the investigating officer who seems to have only met the concerned dealing clerk in the office of Regional Transport Officer, who orally told him that the said license was not in his record, no other material has been placed by the appellant so as to return a finding of fact in favour of the appellant – Tribunal has considered all the evidence, including the evidence adduced by respondent no. 7 with regard to the validity of the driving license and also the information obtained under Right to Information Act from the transport authority which also confirmed the existence of valid and effective driving license, and therefore there is no occasion for this Court to interfere with the judgment passed by the Tribunal.

Result: – Appeal Dismissed

Act Referred :
MOTOR VEHICLES ACT : S.149(2), S.149(2)(a)(ii), S.163(a), S.166, S.168(3), S.174

Advocate Appeared :
For the Appellant : Satyajit Banerji

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