R.K. JAIN Vs. SHANTI DEVI AND ORS.

JUDGEMENT

(1.) THE appellant has challenged the award of the Claims Tribunal on the limited ground that respondent no. 3 is not entitled to recover the award amount from the appellant. The accident dated 17th March, 2002 resulted in grievous injuries to respondent no. 1 who filed a claim petition against the driver, owner and Insurance Company of the offending car no. DL 4CG 6314. The appellant is the owner, respondent no. 2 is the driver and respondent no. 3 is the Insurance Company of the said car.

(2.) RESPONDENT no. 3 defended the claim petition on the ground that the driving licence of the driver of the offending vehicle was fake. Respondent no. 3 examined R3W1 who proved the report of the Investigator - Ex.R3W1/9. As per Ex.R3W1/9, driving licence No. WB -01 -256879 was issued in the name of Anjanabha Basu and not in the name of Aditya Kumar, driver of the offending vehicle. The Claims Tribunal granted recovery rights to respondent no. 3 on the ground that the driving licence of the driver of the offending vehicle was proved to be fake.

(3.) THE law on the subject of fake driving licence is well settled by the judgment of the Supreme Court in National Insurance Company Limited v. Swaran Singh, : (2004) 3 SCC 297 wherein the Court held as under: -