NEW INDIA ASSURANCE CO SHIMLA Vs. KAMLA

JUDGEMENT

(1.) Leave granted.

(2.) If a fake driving licence happened to be renewed by the statutory authorities, would the fakeness of the original document get legally sanctified If it cannot, would the Insurance Company be liable to pay compensation in respect of a motor accident occurred while the vehicle was driven by a person holding such a sham licence These are the main questions involved in these appeals.

(3.) An accident occurred on 1-3-1993 when a truck, driven by the 8th respondent (Liaqat Ali) capsized. Three inmates of the vehicle died in the accident. Legal heirs of those three deceased persons preferred claims before the Motor Accident Claims Tribunal concerned (for short the 'Claims Tribunal') as per the provisions of the Motor Vehicles Act, 1988 (for short 'the Act'). The owner of the vehicle as well as the driver were made parties, besides impleading the insurer (appellant Insurance Company) in the claims proceedings. It is admitted that the truck was then covered by a valid insurance policy issued by the appellant company. As we are now concerned only with the contentions of the appellant Insurance Company, that too restricted to the question relating to the driving licence held by the 8th respondent, we do not think it worth referring to the details of other pleadings set out by the claimants and the contending resistors.