LAWS(SC)-1997-11-19

NATIONAL INSURANCE COMPANY LIMITED Vs. SANTRO DEVI

Decided On November 18, 1997
NATIONAL INSURANCE COMPANY LIMITED Appellant
V/S
SANTRO DEVI Respondents

JUDGEMENT

(1.) Leave granted.

(2.) This is an appeal against the judgment and order dated 17-10-96 passed by a Full Bench of three Hon'ble Judges of the High Court of Punjab and Haryana in First Appeal from Order No. 75 of 1994.

(3.) The minimal facts giving rise to this appeal are these: There was a motor accident which gave rise to a claim for compensation, duly set up by the claimants/respondents. One of the questions which was brought to the fore was whether the offending motor vehicle was being driven by a driver holding a valid driving licence. The matter was put to issue and the conclusion arrived at by the Tribunal was that the driver held a valid licence which had validly been renewed. This finding stood affirmed in appeal before the High Court. Yet it was taken by the High Court that a question of law arose as to whether a forged or a fake licence, if renewed would get validated or not so as to work out the liabilities under the Motor Vehicles Act. The question gathered momentum inasmuch as when the cause was before a Division Bench of the High Court, it referred the matter so a Full Bench of three Hon'ble Judges which in turn pronounced as follows: