JUDGEMENT
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(1.)The Appellant Oriental Insurance Co. Ltd. has preferred this Review
Petition under Section 114 read with Order XLVII of the Code of Civil
Procedure(Code) on the ground that the Appellant Insurance Company
had examined R3W2 Jamaludeen Kaim to prove that the driving licence
No. C08092001262146 possessed by Pala Singh expired on 24.09.2004
and it was renewed only on 21.12.2004. It is stated that this Court had
lost sight of the examination of this witness during inquiry before the
Motor Accident Claims Tribunal(Claims Tribunal) and thus held in para
48 of the impugned judgment that no effort was made to summon any
witness from the Transport Department to prove the willful breach of the
terms of the policy.
(2.)I have perused the record. Certified copy of the statement of R3W2
appears at page 37 of the paper book. The witness deposed as under:
"I am working as UDC in the office of MLO Ashok Vihar
situated at Wazirpur near DTC Subash Palace Depot, New
Delhi. I have brought the summoned record of Driving
Licence No. C08092001262146 of Pala Singh s/o Makhan
Singh r/o A-1/463, Sec. 6, Rohini, Delhi. The licence was
issued on 21.12.04 and valid upto 20.12.07 for TSR and on
28.1.1986 it was issued to (sic for) HTV. This licence was
issued for TSR earlier on 7.10.82. The record was verified by
Motor Vehicle Inspector Rajan Thomas, the same is
Ex. R3W2/A signed by Rajan Thomas at point A. After
renewing the licence it is again valid from the date of its
renewal date. The licence Ex. P3W2/2B is valid upto 24.9.04
and it was renewed by the holder on 21.12.04. The
computerised report dated 12.5.05 has been issued by me
office and the same is Ex. R3W2/C.
XXXXX by Sh. Udai Raj Singh, Adv for the petitioner.
Nil. Opp given.
XXXXX by Sh. K. K. Jha Kamal, Adv. for R1 Pala Singh.
Nil. Opp given. "
(3.)Thus, it is apparent that the testimony of R3W2 was not challenged by the
driver of the offending vehicle that the licence was renewed only w. e. f.
21.12.2004. In this case, the accident occurred on 02.11.2004.
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