High Court of Punjab and Haryana, Chandigarh
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National Insurance Company Ltd. v. Bhinder Singh & Ors - FAO-4175-2006  RD-P&H 10347 (13 November 2006)
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
DATE OF DECISION: 7.9.2006
National Insurance Company Ltd.
Bhinder Singh and others
CORAM:- Hon'ble Mr. Justice Uma Nath Singh.
Hon'ble Mr.Justice Mahesh Grover.
Present: Mr.Sandeep Suri, Advocate,
for the appellant.
UMA NATH SINGH, J. (ORAL)
In this appeal by the Insurance Company against an award dated 8.6.2006 passed by learned Presiding Officer, Motor Accident Claims Tribunal, Fatehgarh Sahib, in MACT No.25 of 26.4.2004, learned counsel submitted that as per the Investigator's report, the original driving licence was fake. Learned counsel also submitted that the Insurance Company had been granted permission under Section 170 of the Motor Vehicles Act, 1988, to contest the case on merits.
We have carefully perused the award. We do not find any material to hold that the onus to prove that the driving licence was fake has been discharged by the Insurance Company. Only submission of the Investigator's report is not enough unless it was proved. It also appears that when the evidence of the Insurer was closed, the company had already been granted last opportunity and despite sufficient opportunity, it failed to do so.
FAO No.4175 of 2006 2
That apart, learned counsel has no other submission.
Accordingly, the FAO, being devoid of merits, is dismissed in limine.
( UMA NATH SINGH )
September 7, 2006 ( MAHESH GROVER )
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