therein, opposing the claim and contending inter-alia that the driver of the vehicle was not having valid driving licence. During the course of enquiry, the petitioner-insurer filed application IA No.260 of 2012 seeking summons to the Additional Licensing Authority, RTA, Karimnagar to furnish information regarding the particulars of the driving licence of the driver. The said application was dismissed by the impugned order on the ground that no reasons were mentioned for not taking steps in time when the matter underwent five adjournments. Learned counsel for the petitioner would submit that the petitioner has specifically pleaded in their counter that the driver was not having valid driving licence. According to the petitioner, the driver was having only nontransport driving licence, whereas, the vehicle involved was a transport vehicle and the evidence of RTA officials would clarify the same. The impugned order shows that after the claimant’s evidence was closed, the petitioner was granted five adjournments, but no steps were taken to adduce evidence. However, in the interest of fair trial and affording an opportunity to the petitioner to adduce their evidence on record pertaining to the nature of the licence, which will have a bearing on the liability of the insurer for payment of the compensation, it is considered that one more opportunity can be given to the petitioner to adduce evidence by summoning the Additional Licensing Authority, RTA, Karimnagar, on the date to be fixed by the Tribunal. In the event of the petitioner-insurer failing to avail the said opportunity, it is open to the Tribunal to proceed further in the matter and dispose of the claim application on its merits and in accordance with law.
