O.P.BISHNOI,J. - (1.) THESE two appeals have been filed by the National Insurance Company against an Award passed by the Motor Accident Claims Tribunal, Pali dated 1.3.2002.
(2.) THE claim petitions were opposed by the Insurance Company, apart from other grounds, on the ground that the driver of the vehicle Kuldeep Singh was not holding a valid driving licence at the time of accident. Issue No. 6 was raised on this objection of the appellant. The licence purported to be issued by the Licensing Authority, Regional Transport Office, Raipur (M.P.) was alleged to be a forged one and upon enquiry of the appellant, the said Licensing Authority had sent a communication to the effect that the licence in question was never issued by the said office.
(3.) THE said communication was produced in the Court and in order to prove the same, process was issued to summon one P. Ekka, who was the Regional Transport Officer, Raipur (M.P.). On 5.1.2002, the court ordered that the case was old and an opportunity to examine the witness was afforded at the cost of Rs. 500/ - against the appellant. It was further ordered that it will be the responsibility of the appellant to get the bailable warrant served upon the said witness. On the next date i.e. 8.2.2002, the witness was not present and the learned Judge found that the adjournment was granted on payment of costs and in the facts and circumstances of the case, no further adjournment could be granted. Consequently, the evidence was closed and ultimately, the Award was passed on 1.3.2002.;