3. The learned counsel for the appellant submits before me that
the decision in 2003(1) KLT 1 has been overruled by the decision in
Alias v. Paul [2003 (2) KLT 992].
Therefore, the award of the Tribunal is partly set aside and
the question whether the Insurance Company is to be exonerated from
the liability on account of the non-production of a driving licence be
considered afresh in the light of the decision in Swaran Singh's case
after affording equal opportunity to all concerned for producing
document and adducing oral evidence in support of their respective
contentions. Parties are directed to appear before the Court below on
15th July, 2008.
2. The claimant was awarded a compensation of Rs.32,500/-
and the Insurance Company was exonerated from the liability on the
ground of non-possession of a driving licence by the driver. The Court
relied upon the decision of this Court reported in Oriental Insurance
Company v. Narayanan [2003 (1) KLT 1].