Case: National Insurance Co. Ltd Vs. Geeta Bhat

2. On 14.11.2000, Ishwar Dutt Bhat was traveling in a three wheeler. It met with an accident having been hit by a truck bearing registreation No.HR 38 9179. The said vehicle was insured with the appellant. Respondents, being the heirs and legal representatives of the said Shri Ishwar Dutt, filed a claim petition. Appellant, in its written statement, raised a contention that the driving licence possessed by the driver of the truck was a fake one.3. In the proceedings before the Motor Vehicles Accident Claims Tribunal (the Tribunal), it prayed for examination of the concerned clerk of the Motor Vehicles Department. The said prayer was allowed. The concerned Clerk of the Licencing Authority, Alwar was summoned. The said summons were served in the office of the Transport Authority. The Transport Authority, however, did not depute any officer to produce the documents called for. Appellant, however, brought on records evidence to the effect that on an investigation made by its own investigator, it was found that no such licence had been issued in the name of Gopal Singh, the driver of the vehicle. In its report dated 20.3.2003, the said investigator statednote that an application was moved by us to the LA Alwar to issue the verification certificate for the DL No. as cited above, along with the photocopy of the DL received by us. But our opinion was returned back by the concerning officer because the above ref. DL has no relevancy with the records LA Alwar. However, the record register was shown to us which shows that DL No.20734/94 was issued on dated 28.3.94.Thus, it is confirmed that no such DL No.3956/Alwar/94 dated 27.3.94 is issued by LA Alwar.Conclusion : Verification certificate for the above said DL cannot be obtained from LA Alwar.This report is issued without prejudice.The Tribunal, however, on the premise that the said fact was not proved, heldinsurance company in spite of availing several opportunities did not lead any evidence in support of this assertion that Respondent No.1 was not holding a valid and effective driving licence. So the Insurance Company has failed to discharge the onus of this issue. Accordingly this issue is decided against the Insuranceappeal preferred by the appellant before the High Court was dismissed summarily.

Reasoning:
13. We would, therefore, assume that the licence possessed by the 6th respondent, Gopal Singh was a fake one. Only because the same was fake, the same, having regard to the settled legal position, as noticed hereinbefore, would not absolve the insurer to reimburse the owner of a vehicle in respect of the amount awarded in favour of a third party by the Tribunal in exercise of its jurisdiction under Section 166 of the Motor Vehicles Act, 1988.We, therefore, are of the opinion that interest of justice shall be subserved if the appellant is directed to pay the awarded amount in favour of respondent Nos.1 to 5 with liberty to recover the same from the owner and the driver of the vehicle, respondent Nos.6 and 7 in an appropriate proceeding in accordance with law.