NATIONAL INSURANCE COMPANY LTD Vs. ARFOON NISA

JUDGEMENT

(1.) This appeal is at the instance of the insurance company seeking discharge of its liability of payment of compensation on the plea that the driver could not hold more than one driving license. The first license was found to be fake. The facts which emerge on perusal of the record make an interesting reading and shall be referred to during the course of discussion.

(2.) A reference to the basic facts. A claim petition was filed by the legal heirs of Amantola who died in an accident in 1995. A claim petition was filed against Mool Chand, owner/driver of the offending vehicle and the insurance company. The petition was contested and written statement was filed by both the respondents. A specific issue regarding driving license was framed.

(3.) The owner-driver was proceeded ex-parte after the issues were framed. He did not cross-examine any witness of the claimants. The claimants had summoned the record of the criminal case pending against respondent no.1. The driving license which was produced by the driver was placed on record. That license was verified by the insurance company and they had summoned the licensing clerk. He made a statement that no such license had been issued to Mool Chand and license bearing no.7105 of 1989 was issued to Bhawani Shankar son of Maan Singh.