1 2025:CGHC:59092 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 600 of 2019  H.D.F.C. General Ins. Co. Ltd. Lila Business Park, Andheri Raod Kurla, Mumbai, At Present- Through Manager- Chawla Complex, Devendra Nagar Road, Raipur, Chhattisgarh...................(Insurer Of Vehicle Truck No. G.J. 16-Z 0388) ... Appellant versus 1. Dhaneshwar Singh S/o Balsai Aged About 42 Years Profession Teacher- R/o Village Tiwradudi, Thana And Tahsil Ramanujganj, District- Surajpur, Chhattisgarh...........(Claimant) 2. Pramod Kumar Yadav S/o Rajmani Yadav Aged About 27 Years Profession-Driver, R/o Village Pandepur, Post Sikrara, District Jaunpur, Uttar Pradesh.............(Driver Of Vehicle Truck No. G.J. 16-Z 0388) 3. Shyamlal Prajapati S/o Ramsubhag Prajapati Aged About 46 Years Vehicle Owner, R/o C/106, Ganesh Ward, Kosha Badi Waliya Road, Thana Ankleshwar, District- Bharuch Gujrat..........(Owner Of Vehicle Truck No. G.J. 16-Z 0388) ... Respondent(s) For Appellant : Mr. Ashish Pandey, Advocate holding the brief of Mr. N.K. Thakur, Advocate For Respondents : None. Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 05.12 .2025 1. The Insurance company/appellant has filed this appeal challenging liability against award passed by the learned 3rd Additional Motor Accident Claims Tribunal, Surajpur in Claim Case No. 47/2015 dated 12.12.2018, whereby the learned Tribunal granted compensation to the tune of Rs. 1,12,134/- with interest at the rate of 9% per annum on account of injuries sustained by Dhaneshwar Singh. SIDDHANT TAMRAKAR Digitally signed by SIDDHANT TAMRAKAR Date: 2025.12.09 11:29:19 +0530 2 2. Mr. Ashish Pandey, Advocate would vehemently argue that the driver & owner of the offending vehicle were proceeded ex-parte and a xerox copy of driving licence was placed on record. He would contend that the said document was sent for verification to the Regional Transport Office, Jaunpur, Uttar Pradesh from where it was issued. He would contend that vide Annexure NA/2, it was intimated by the Regional Transport Office, Jaunpur that xerox copy of the driving licence was never issued in favour of Pramod Kumar Yadav rather driving licence number 76489/JNP/2010 was issued in favour of one Santosh Kumar. He would contend that the letter issued by Regional Transport Office, Jaunpur was exhibited by Praveen Kumar Sizaria (NAW/1), but the learned Tribunal discarded said document on the ground that the Insurance Company failed to examine any responsible officer of Regional Transport Office, Jaunpur to prove the contents of NA/2. He would contend that the findings recorded by the learned Tribunal are erroneous. He would pray to allow this appeal. 3. I have heard Mr. Pandey at length and perused the record with utmost circumspection. 4. Admittedly, a xerox copy of driving licence of Promod Kumar Yadav was sent for verification by the Insurance Company. A report was sent from Regional Transport Office, Jaunpur to the effect that no such driving licence was ever issued in favour of Pramod Kumar Yadav rather driving licence No. 76489/JNP/2010 was issued in favour of one Santosh Kumar. The Insurance Company failed to examine any of the officials of Regional Transport Office, Jaunpur to prove the contents of NA/2. The learned Tribunal recorded categorical finding in this regard and held that Insurance Company failed to prove the fact that the driving licence issued in favour of Pramod Kumar Yadav was forged one. The learned Tribunal has recorded 3 this finding after appreciating oral and documentary evidence and I do not find any good ground to interfere with such finding. Accordingly, this appeal fails and is hereby dismissed, at motion stage. Sd/- (Rakesh Mohan Pandey) Judge $iddhant