ORIENTAL INSURANCE COMPANY Vs. PARKASHO DEVI

JUDGEMENT

(1.) This appeal by the Insurance Company is directed against the award of Motor Accident Claims Tribunal (II) Una, (MACT) whereby the Insurance Company has been held liable to satisfy the award.

(2.) The only question raised in this appeal is, whether the driver did not have a valid driving licence and, therefore, the insurance company could not be made liable to pay the awarded amount.

(3.) As far as the question of the validity of the driving licence is concerned, there can be no manner of doubt that the driving licence issued in favour of the driver was a fake licence. The driver while appearing in the witness box Whether the reporters of the local papers may be allowed to see the Judgment? Yes. admitted in cross-examination that he had never gone to the motor Licensing Authority at Hamirpur, nor he had given any test. According to him, he had only paid money to an agent who had obtained the driving licence on his behalf. It is thus obvious that the driving licence issued in favour of the respondent was fake and this fact is proved from the evidence of the Licensing Clerk also who has denied that any licence was issued in favour of the driver.