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2024 Supreme(Online)(Bom) 4292

BOMBAY HIGH COURT
SHIVKUMAR DIGE, J
IFFCO TOKIO GENERAL INSURANCE COMPANY LIMITED THROUGH ITS OFFICER NEERAJ KUMAR JAIN – Appellant
Versus
MR.GANESH NAMDEV DAGADE AND ANR. – Respondent


Advocates:
Mr. Rajesh Kanojia i/by Res Juris, Advocate for the Appellant. Mr. T. J. Mendon, Advocate for the Respondent No. 1.

ORAL JUDGMENT . :

1. The issues involved in this appeal are at the time of accident the driver of offending vehicle was not holding effective and valid driving license and the driver of the offending vehicle was under the influence of liquor.

2. It is contention of learned Counsel for the Appellant that at the time of accident the driver of offending vehicle was not holding effective and valid driving license. To prove it, investigating officer was examined but, his evidence was not considered by the Tribunal. Learned Counsel further submitted that at the time of accident, driver of offending vehicle was under the influence of liquor, but this fact is not considered by the Tribunal. Hence, requested to allow the Appeal. 3. It is contention of learned Counsel for Respondent/Claimant that to prove the defense that driver of offending vehicle was not holding effective and valid driving license at the time of accident, no officer from RTO office is examined no any medical certificate produced on record to show that driver of offending vehicle was under the influence of liquor. The Tribunal has considered all the aspects and on that basis Judgment and Order is passed, no interference is r

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