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Showing contexts for: order XII Rule 8 in New India Assurance Co Ltd. vs Dilawar @ Mukhtar & Ors. on 10 October, 2013Matching Fragments
1. Despite service, none is appearing on behalf of the respondent Nos.2 to 4, therefore, this Court is compelled to proceed with the matter.
2. The present appeal has been filed by the appellant/Insurance Company assailing the award dated 04.01.2012,whereby the learned Tribunal has awarded a compensation of Rs.1,70,046/- along with interest at the rate of 7.5% per annum.
3. The sole ground argued by the learned counsel for the appellant/Insurance Company is that the respondent No.2/driver of the offending vehicle was not holding valid driving licence and the appellant/Insurance Company had issued a notice under Order XII Rule 8 of the Code of Civil Procedure, 1908 to him to produce the same, however, he failed to do so. Moreover, the police had filed a charge sheet in a criminal case, wherein the respondent No.2/driver was charged under Sections 3/181 of the Motor Vehicles Act, 1988 (for short 'MV Act'). Fact remains that the respondent No.2/driver neither produced the driving licence before the police nor before the learned Tribunal. Thus, it is proved that he was not holding driving licence on the date of accident.
He submits that in the aforesaid case the Insurance Company had not issued any notice under Order XII Rule 8 CPC, however, in the present case, the notice was issued to the driver by the appellant, which fact is proved by R3W1/Sh.N.K.Saxena, Assistant of the Insurance Company.
5. It is proved that R3W1 sent the notice under Order XII Rule 8 CPC to the respondent No.2/driver, however, he did not produce the driving licence. The police had filed a challan under Sections 3/181 of MV Act in a criminal case which proves that the respondent No.2/driver did not have any driving licence on the date of the accident, i.e., 27.07.2007. The learned Tribunal has wrongly relied upon the case of Deepak Kumar (supra) for the reason, in the case in hand, the appellant/Insurance Company made efforts by sending notice under Order XII Rule 8 CPC to the respondent No.2/driver of the offending vehicle for producing his driving licence so that they can lead evidence regarding thereto. However, he failed to produce driving licence.