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Judgment
The defect No. 6 pointed out by defect report dated 6.11.2003 is ignored and the defects 1 to 5 and 7 be removed in course of day.
Heard. The insurer has challenged the award dated 5.10.2002 in the present appeal filed u/s 173 of the Motor Vehicles Act, 1988 on the ground that the driver of the offending vehicle was not having a valid driving licence and as such on the ratio of the decision of the Apex Court in New India Assurance Co., Shimla Vs. Kamla and Others etc. etc., , the appellant must have been given liberty to realize the compensation amount paid to the claimants from the owner of the vehicle. We find that although plea of invalid driving licence was taken in the pleadings of the Insurance Company before the Tribunal, but absolutely no evidence, either oral or documentary, was adduced to prove the same and, therefore, the tribunal, in our opinion, rightly did not held the driving licence in question to be invalid. We, therefore, find no reason to interfere with the impugned award and/or to give any liberty to the appellant on the ratio of the Kamla case (supra). Consequently, no notice need be issued to the respondents in the limitation matter (IA No. 2404 of 2003) at flag ''A''. This appeal is dismissed.