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SUPREME COURT OF INDIA
United India Insurance Company Limited
Vs.
Anbarl
Decided on December 10,1999
Validity of Driver's License - Motor Accidents Claims Tribunal - The court found that the production of a photo copy was not sufficient to prove that the driver had a valid license when challenged by the appellant, and the genuineness of the photo copy was not admitted. The judgment and order passed by the High court was set aside, and the matter was remitted back to the High court for deciding the appeal afresh after giving an opportunity of hearing to the parties.
Fact of the Case:
The appellant raised the point regarding the validity of the driver's license before the Motor Accidents Claims Tribunal, which accepted a photo copy of the license and recorded a finding that the driver had a valid license. The High court dismissed the appeal without giving any reason.
Finding of the Court:
The court found that the production of a photo copy was not sufficient to prove the validity of the driver's license, especially when challenged by the appellant, and the genuineness of the photo copy was not admitted. The judgment and order passed by the High court was set aside, and the matter was remitted back to the High court for deciding the appeal afresh after giving an opportunity of hearing to the parties.
Issues: Validity of driver's license, Error of law by the Motor Accidents Claims Tribunal, Dismissal of the appeal by the High court without reason
Ratio Decidendi: The production of a photo copy was not sufficient to prove the validity of the driver's license when challenged by the appellant, and the genuineness of the photo copy was not admitted.
Final Decision: The judgment and order passed by the High court was set aside, and the matter was remitted back to the High court for deciding the appeal afresh after giving an opportunity of hearing to the parties.
( 1 ) LEAVE granted.
( 2 ) THE respondents though served have not appeared either personally or through a lawyer.
( 3 ) LEARNED counsel for the appellant submitted that the point regarding validity of the drivers licence was raised by the appellant before the Motor Accidents claims tribunal and the tribunal in accepting photo copy of a document purporting to be the drivers licence and recording a finding that the driver had a valid licence has committed a grave error of law. He also submitted that the High court has not dealt with the said contention of the appellant and without giving any reason has dismissed the appeal. The tribunal and also the High court have failed to appreciate that production of a photo copy was not sufficient to prove that the driver had a valid licence when that fact was challenged by the appellant and genuineness of the photo copy was not admitted by it. Therefore, the judgment and order passed by the High court in fao No. 2368 of 1998 deserves to be set aside. We accordingly, allow this appeal and remit the matter back to the High court for deciding the said appeal afresh after giving an opportunity of hearing to the parties.
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