Court No. - 34
Case :- FIRST APPEAL FROM ORDER No. - 921 of 2018 Appellant :- The New India Assurance Company Ltd.
Respondent :- Smt. Phoolwati and others Counsel for Appellant :- Sudhanshu Behari Lal Gour
Hon'ble Sudhir Agarwal,J. Hon'ble Shashi Kant,J.
1. Heard Sri S.B.L.Gour, Advocate, for appellant and perused the record.
2. This appeal under Section 173 of Motor Vehicles Act, 1988 (hereinafter referred to as “Act, 1988”) has arisen from judgment and award dated 02.12.2017 passed by Sri Kuldeep Kumar-II, Motor Accident Claims Tribunal/District Judge, Rampur awarding compensation of Rs. 6 lacs with 7 per cent simple interest to claimants-respondents in Motor Accident Claim Petition No. 74 of 2016.
3. The only ground raised before this Court to challenge the aforesaid award is that driving licence of driver of tort feasing vehicle was not valid on the date of accident and for this purpose learned counsel for appellant drew our attention to photocopy of extract of driving licence filed at Page-50 of paper-book of this appeal stating that from 19.11.2014 to 19.01.2016 driving licence was not valid. The aforesaid documents shows that driving licence was valid from 02.12.2009 to 01.12.2029 and to show as to in what manner driving licence was not valid for the period stated therein, and, more particularly, on the date of accident, no evidence was led before Court below. Court below, therefore, has recorded following finding while deciding Issue-1:
“...accident took place on 21-12-2015 and Sompal, the driver was driving Maruti Omni Car (LMV). Contrary to this driving licence no document has been filed by the opposite parties. Hence, it is concluded that the driver of the Maruti Omni Car No. UP-22X/3649 was having valid and effective driving licence on the date and time of the accident.”
4. In absence of any otherwise evidence, we find no reason to take a different view.
5. No other point has been argued.
6. Appeal lacks merits. Dismissed at the stage of hearing under Order 41 Rule 11 C.P.C.
Order Date :- 26.2.2018 PS