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Judgment
G.P. Mittal, J.—This Review Petition has been filed by the Respondent New India Assurance Company Limited for review of the judgment dated 19.12.2011 on the ground that the subsequent driving licence No. C08091999142774 issued in the name of Narender Parkash did not belong to the driver of the offending vehicle as it was the driving licence No. 91243 which was seized by the police during the investigation of the criminal case registered against the driver. It is stated that the date of birth of Narender Parkash holding the driving licence No. C08091999142774 issued by Licensing Authority, Delhi is 30.04.1973, whereas the date of birth of Narender in driving licence No. 91243 issued by the Faridabad Licensing Authority is 14.06.1969. At the time of filing of the Appeal, driving licence No. C08091999142774 was produced by the Appellant M/s. Zamindar Motor Transport Company Limited which was found to be genuine at the time of the accident. It may be noticed that during the pendency of the Appeal, an Affidavit of Narender Singh @ Narender Prakash, son of Rajbir Singh, resident of 360, Village Barwala, was filed. In the Affidavit he swore that he did not produce any licence issued by Faridabad Licensing Authority to the police. A copy of the Matriculation Certificate and a copy of the voter Identity Card issued by the Election Commission of India was also filed along with the Affidavit. The averments made in the Affidavit were not contradicted by the Petitioner (Respondent in the Appeal) by filing any Counter Affidavit.
Attested copy of the report u/s 173 Cr.P.C. is available on the Trail Court Record as well as on the paper book which shows the address of the accused who caused the accident as Narender Prakash, resident of 360, Village Barwala, PS Narela, Delhi. It cannot be disputed that the driving licence No. C08091999142774 was initially issued in the year 1995 and was valid upto 29.04.1998. Thus, it covered the period of accident.
Therefore, irrespective of the fact whether driving licence No. 91243 was obtained by the driver from Faridabad Licensing Authority or not, I am convinced that the driving licence No. C08091999142774 did belong to the driver of the offending vehicle.
Thus, I do not find any error apparent on the face of the record in the judgment dated 19.12.2011.
The Review Petition is devoid of any merit; the same is accordingly dismissed. Pending Applications also stand disposed of.