NATIONAL INSURANCE CO LTD Vs. SONI

JUDGEMENT

(1.) Heard learned counsel for the appellant.

(2.) In Appeal No. 892 of 2003 only point raised by the appellant is short one.

(3.) As per sub-section (c) of section 134 of Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act of 1988'), the owner and the driver are under obligation to furnish information about the insurance policy number and period of its validity, date, time and place of accident, particulars of person injured or killed in the accident, name of the driver and particulars of his driving licence to the insurance company, in case the insured vehicle met with an accident. In the present case, owner and driver of the vehicle failed to provide this information to the insurance company. Therefore, according to appellant insurance company, an adverse inference should have been drawn against the owner and driver of the vehicle and the Tribunal should have drawn presumption that either the driver had no driving licence at the relevant time or it was not a valid driving licence.