NATIONAL INSURANCE CO. LTD. Vs. SURMI DEVI

JUDGEMENT

(1.) THE owner has been served. The counsel for the Insurance Company states that if he is successful he is prepared to take the award against the owner only. Notice to respondent No. 6 is dispensed with.

(2.) THE Insurance Company is on appeal on an issue of liability. The driving license was said to have been issued by the DTO at Palwal. The evidence was let in through an official that the license particulars mentioned in the copy had not been issued by their office. The owner himself was examined that gave evidence to the effect that he saw the driving license and he believed the driving license to be genuine. The Insurance Company had no specific knowledge about the invalidity of the license nor had it called upon the owner to make a verification of the genuineness of the issue. The Insurance Company cannot escape its liability in such a circumstance in the light of the law in Pepsu Road Transport Corporation Vs. National Insurance Co. Ltd. : 2013 10 SCC 217. I do not find the reasoning adopted by the tribunal is in any way to be modified as regards the liability.