NEW INDIA ASSURANCE COMPANY LIMITED Vs. PHOOLI DEVI

JUDGEMENT

(1.) The insurer has challenged the award dtd. 23/9/2000, in Motor Accident Claim Case No.45/1994 as well as Motor Accident Claim Case No.42/1994 made by the Motor Accident Claims Tribunal, Hanumangarh. The main ground for challenge is that since the driver had no genuine driving licence rather he had produced a fake driving licence, the insurer should have been allowed right to recovery in both the matters. Further the quantum of compensation decided in both the claim cases have been challenged as excessive one.

(2.) A brief background of the case is that on 25/12/1998, the deceased Om Prakash and Kalwant alongwith some others were going on a Jeep bearing registration No.RSK-534 from Pakka Sarna to Sriganganagar. Near village Palewali Dhani, a Truck bearing registration No.HIU-1323 coming from the side of Sriganganagar on a very high and negligent speed collided with the Jeep as a result whereof, the Jeep driver Sadhuram, Om Prakash, Jaswant, Labhsingh and Kalwant died on the spot and some other passengers sustained injuries. An FIR was registered and after investigation the Police submitted charge-sheet against the driver of the Truck.

(3.) The driver of the offending Truck produced a driving licence, vide Exhibit-8. The investigator of the appellant investigated the genuineness of the driving licence and reported that the driving licence was not issued by the Licensing Authority, Hyderabad from where it was purportedly issued. Thereafter, the Tribunal took precaution and requested the District Judge, Hyderabad to get statement of Licensing Authority recorded. A copy of the statement of Licensing Authority was also brought on the record which reveals the same was recorded by the appointed Advocate Commissioner signed on 21/7/2000 by him as well as the Licensing Authority. In the statement, it has specifically been mentioned that the driving licence No.13629/86 dtd. 18/9/1986 was not issued in favour of the driver of the offending Truck.