- (1.) Leave granted.
(2.) On 14.11.2000, Ishwar Dutt Bhat was travelling in a three-wheeler. It met with an accident having been hit by a truck bearing registration No. HR 38-9179. The said vehicle was insured with the appellant. Respondents, being the heirs and legal representatives of the said Ishwar Dutt Bhat, filed a claim petition. Appellant, in its written statement, raised a contention that the driving licence possessed by the driver of the truck was a fake one.
(3.) In the proceedings before the Motor Accidents Claims Tribunal ('the Tribunal'), the insurance company prayed for examination of the concerned clerk of the Motor Vehicles Department. The said prayer was allowed. The concerned clerk of the Licencing Authority, Alwar, was summoned. The said summons were served in the office of the Transport Authority. The Transport Authority, however, did not depute any officer to produce the documents called for. Appellant, however, brought on records evidence to the effect that on an investigation made by its own investigator, it was found that no such licence had been issued in the name of Gopal Singh, the driver of the vehicle. In its report dated 20.3.2003, the said investigator stated: "Kindly note that an application was moved by us to the LA, Alwar, to issue the verification certificate for the DL number as cited above, along with the photocopy of the DL received by us. But our application was returned back by the concerned officer because the above ref. DL has no relevancy with the records LA, Alwar. However, the record register was shown to us which shows that DL No. 20734 of 1994 was issued on 28.3.1994. Thus, it is confirmed that no such DL No. 3956/Alwar/94 dated 27.3.1994 is issued by LA, Alwar. Conclusion: Verification certificate for the above said DL cannot be obtained from LA, Alwar. This report is issued without prejudice.";