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Tuesday, March 16, 2010

Additional Evidence--Applicant sought to produce verification report, that driving license held by driver was a fake licence

2010(1) LAW HERALD (P&H) 433
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice Vinod K. Sharma
FAO No. 1321 of 2009 (O&M)
National Insurance Company Ltd.
v.
Pooja Rani & Ors.
{Decided on 22/01/2010}
For the Appellant: Mr. Vivek Singal, Advocate.
For the Respondent No.1: Mr. Sudhir Aggarwal, Advocate.
(A) Civil Procedure Code, 1908, O.41, R.27--Motor Vehicles Act, 1988--Additional Evidence--Applicant sought to produce verification report, that driving license held by driver was a fake licence--Verification report received when evidence of appellant was already closed and award passed--Additional evidence cannot be allowed, which was within the knowledge of the applicant-appellant, or could easily be found out with due diligence--No ground for leading additional evidence is made out.
(B) Motor Vehicles Act, 1988, S.173--Compensation--Liability of Insurance Company--Plea taken by insurance company that it was not liable to indemnify the owner, as driver did not hold valid driving licence--Insurance Company failed to lead any evidence in support of this issue--No ground of interfence with award. (P. 3, 4 & 5)