High CourtsDivision Bench(2002) 09 P&H CK 0128

Surinder Kumar vs Nirmala and Others

Punjab And Haryana At Chandigarh · Decided on 18 September 2002 · Citation: (2003) ACJ 887

HON’BLE JUDGES
J.S. Khehar, J · Amar Bir Singh Gill, J
RESULT
Dismissed
CASE NUMBER
F.A.O. No. 3008 of 2002

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Judgment

5 paragraphs · 221 words

Amar Bir Singh Gill and J.S. Khehar, JJ.—Heard the Counsel for the appellant. The appeal is filed by the driver of the offending vehicle, upon whom the liability has been fastened to pay the compensation. It has mainly been urged on his behalf that the Tribunal fell in a legal error in exhibiting the affidavit, Exh. RE produced on behalf of the Law Officer of the insurance company, who is alleged to have made an enquiry regarding the authenticity of the driving licence of the appellant and that the same has been exhibited without any legal sanctity.

2.

We have considered the submission advanced by the learned Counsel for the appellant and perused the award of the Tribunal.

3.

We find that the affidavit was exhibited without any objection. If any objection had been taken, the insurance company might have produced the author of the affidavit, Exh. RE. The Licensing Authority, Cuttack submitted its report, Exh. RC, in which it was clearly mentioned that no such licence was ever issued by it, thereby confirming the finding of the Tribunal that the driving licence of the appellant was a fake one. Even though, it was subsequently renewed, the fact remains that it was not a licence originally issued by the Licensing Authority, Cuttack.

4.

No other issue has been raised.

5.

Dismissed.