UNITED INDIA INSURANCE CO. LTD. Vs. JAMANA DEVI

JUDGEMENT

(1.) THE short question which arises in this appeal filed by the Insurance Company is whether the driver of the insured vehicle had a valid license to drive the vehicle on the date of the accident or not.

(2.) THE accident took place on 9.10.2003. The vehicle with which the accident took place was scooter No. HP-34A-1890. The deceased was a pillion rider on the scooter. The scooter was owned by Praveen Kumar Sood and was being driven by Bittu Kumar. The owner and driver of the vehicle denied the fact that any accident took place with the scooter. The Insurance Company took the plea that the driver of the vehicle did not have a valid driving license.

(3.) IT would be pertinent to refer to the statements of the witnesses of the respondents in the light of the stand taken by them in their written statements. Both the respondents had taken the stand that no accident had taken place. Bittu Kumar appeared as RW-1. He again states that he never drove the scooter in question. According to him Ravinder Kumar was never hit by his scooter and the case filed against him is false. He does not say a word as to whether he had a driving license or not. In cross examination he stated that he had a driving license. He admitted that he had handed over the keys of the scooter to the Panchayat at Mohal which in turn had given the keys to Praveen Kumar. He stated that he was employed with Praveen Kumar and that the keys had been left with him. He stated that he had been driving a motor cycle for the last 5-6 years. In cross examination by the Insurance Company he stated that he had brought his learner license which was issued on 1.10.2004. A copy of the learner license shows that this learner was license valid from 1.10.2004 to 31.3.2005. In cross examination by the petitioner he admitted that a criminal case with regard to the same accident had been filed against him and is pending in the court. It may not be necessary to refer to the other part of his statement.