best could be starting point for an insurer to take a responsible plea and then secure further evidence on the basis of such report. It is the Court's duty to decide whether a licence is genuine or not and such a judicial function cannot be abdicated to a retired police official. I will place no reliance on such report or evidence of a private investigator of the insurance company. If the document and the evidence of the investigator of the insurance company are to be eschewed, there exists no issue for consideration. The insurance company would also contend that the compensation awarded for the injuries is excessive and out of proportion to what the law permits of and seeks for permission for challenging the quantum. Such a prayer seems to have been brought for the first time before this Court. Post award, an insurance company cannot seek for such a permission, for an issue of collusion is a point of fact, which must be taken at the trial or at any rate before a judgment is pronounced by the Tribunal. I would not permit the insurance company to urge for such a plea in the absence of permission under Section 170 of the Motor Vehicles Act.
