IRFAN AHMAD Vs. NATIONAL INSURANCE CO. LTD.

JUDGEMENT

(1.) On 19.03.2010, a motor vehicular accident occurred, statedly involving rash or negligent driving of Tata Indica car bearing registration no. UP 16R 9587 (the offending vehicle). As per the evidence on record, the said vehicle was driven by one Santosh Kumar, son of Jaswant Singh. The offending vehicle was owned by Irfan Ahmed, son of Rizwan Ahmed (appellant herein), it being concededly insured against third party risk for the period in question with National Insurance Company Ltd. (first respondent herein). Two persons are stated to have been injured in accident, they being Asghar Khan & Abhishek Chaurasia. The former died in the consequence. The legal heirs of Asghar Khan took out accident claim case (petition no. 355/2010) while Abshishek Chaurasia instituted another accident claim case (suit no. 378/2010). In both the claim cases, the driver, owner and insurer of the offending vehicle were impleaded as respondents. The insurance company alleged breach of policy conditions by pointing out that the driving license relied upon by the driver, upon verification, had been found to be fake. This contention was upheld on the basis of evidence adduced and while the insurer was called upon to initially pay the compensation, it was granted recovery rights against the appellant (registered owner) of the vehicle.

(2.) The registered owner has come up with this appeal assailing such directions in both judgements. Though filing of common appeal against two different judgements in two different claim cases was not correct, given the fact that this was not noticed at the inception and three years have passed by, it will not be proper now to regulate the parties to the initial stage by insisting on splitting up of the two appeals. The registry must check such irregularity at the time of filing.

(3.) What is pointed out by the appellant is that reliance had been placed on a driving license bearing no. 3882/KNJ/2007 issued by the transport authority at Kannoj (UP). It is stated that this was a valid driving license. Copy of the said license has been submitted at page 63 of the paper book. It reveals that it is in the name of Satendra Katiyar, son of Jaswant Singh Katiyar. It is the submission of the appellant that Satendra Katiyar is another name of driver Santosh Kumar.