ORIENTAL INSURANCE CO. LTD. Vs. SANTHOSHKUMAR

JUDGEMENT

(1.) The short question that falls for consideration in this appeal at the instance of the Insurance Company is as to whether narration regarding filing of a separate charge against the owner and driver of the offending vehicle alleging commission of offences under Sec. 3(1) read with Sections 180 and 180(1) of the Motor Vehicles Act in the separate police charge against the driver, alleging commission of IPC offences, is sufficient evidence to hold that the driver did not possess a valid Driving Licence at the time of accident?

(2.) Briefly stated, this case emanated, when the original petitioners approached the Tribunal and claimed compensation consequent to an accident occurred on 22.06.2006. In this case, respondent nos. 1 and 2 filed written statement disputing the quantum of compensation and also disputing the negligence alleged against the driver. But in the written statement, it is specifically contended that the 1 respondent was possessing a valid Driving Licence at the time of accident.

(3.) The 3 respondent, insurer filed a statement admitting the policy and raising specific challenge to the effect that the driver did not possess a Driving Licence at the time of accident.