ORIENTAL INSURANCE CO LTD Vs. NIZARUDEEN

JUDGEMENT

(1.) This appeal is filed by the insurance company. Contention raised by the insurance company was that the driver of the offending vehicle insured by it had no valid driving licence. As per the charge-sheet, the earlier licence expired before the date of accident, i.e., 2.5.1996. It was renewed only on 2.5.1996. Therefore, according to the appellant, on the date of accident there was no driving licence. The Apex Court in Narcinva V. Kamat v. Alfredo Antonio Doe Martins,1985 ACJ(SC) 397, held as follows:

(2.) In this case, the driver had a valid licence before the date of the accident and there is no case to establish that absence of the driving licence was the cause of accident. In Jitendra Kumar v. Oriental Insurance Co. Ltd.,, the Apex Court held as follows:

(3.) No evidence was also adduced by the insurance company to show that absence of driving licence is the cause of accident. Except relying on the police records, there is no evidence to show that even though such a charge was made that he was convicted for the offence.