HARNEK SINGH Vs. VARINDER SINGH AND ORS.

JUDGEMENT

(1.) Owner of the vehicle has filed the instant appeal. The challenge, limited in nature, revolves around Issue No. 4, so framed by the Tribunal, which reads as under:

(2.) Written statement filed by the driver is conspicuously silent with regard to the driver possessing a valid and effective driving licence. Though the Insurer pleaded the driver of the vehicle not holding a valid and effective driving licence, however, such averments are conspicuously unspecific, in fact vague.

(3.) It be only observed that on 10th December, 2007 driver Dharamvir Singh (RW -1), stepped into the witness box and produced another driving licence (Ex. RW -1/A), which was duly taken on record and exhibited. Reason for not placing the same prior to his deposition stands satisfactorily and reasonably explained by him and the Tribunal accepted the same. It was placed on record in another case pending before Court No. 1 at Dehra (H.P.). Significantly, no objection with regard to producing and placing of this licence on record was taken by the Insurer. Emphasis was only to establish that the licence, so handed over by him to the Insurer (Ex. RW -1/D), was fake. Licence (Ex. RW -1/A) stands validly issued and renewed by the Licencing Authority. Nothing to the contrary is on record.