SHRIRAM GENERAL INSURANCE COMPANY, JAIPUR, RAJASTHAN REP BY AUTHORISED SIGNATORY Vs. KASTURI AND ANOTHER

JUDGEMENT

(1.) Accepting the cause shown, delay of 813 days in filing the appeal is condoned. I.A.l is allowed.

(2.) The appellant is before this court assailing the impugned judgment and order, primarily on the ground that the Tribunal grossly erred in not giving the presumptive value to the police records, which clearly establishes that the driver of the offending vehicle did not possess a valid and effective driving licence to drive the vehicle in question; Once, the proceedings were initiated by the police invoking the provisions of Section 3 of Motor Vehicles Act, 1988, ('MV Act' for short) against the driver of the offending vehicle, the Tribunal ought to have accepted the same and exonerated the insurer from the liability.

(3.) On perusal of the material on record, it is limpid that the insurer had contended before the Tribunal that in view of the proceedings initiated under Section 3 of the MV Act against the driver, no liability can be fastened on the insurer. This contention was rightly rejected by the Tribunal on the ground that no written statement was filed by the insurer taking any statutory defence available to the insurer under Section 149(2) of the MV Act. Any criminal proceedings initiated by the police authorities would have no binding effect on the Tribunal while deciding the factum of compensation awarded under the provisions of the MV Act. In the absence of any strong foundation laid by the insurer substantiated by any cogent evidence to prove that the driver of the offending vehicle did not hold a valid and effective driving licence at the time of the accident, any efforts made by the insurer to build up a case on the proceedings initiated by the police cannot be appreciated. Considering these aspects judicially, the Tribunal has rightly rejected the contentions of the insurer which cannot be found fault with.