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2024 Supreme(Guj) 144

GITA GOPI
Reliance General Ins. Co. Ltd. – Appellant
Versus
Somabhai Chaganbhai Parmar – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr Maulik J Shelat
For the Respondent: Mr Paresh M Darji, Mr. Alkesh N Shah, Nishit A Bhalodi

JUDGMENT :

1. The present group of First Appeals challenges the common judgment passed by Motor Accident Claims Tribunal (Aux.) at Kalol, Dist. Gandhinagar on 21.02.2019 in fourteen group of matters being Motor Accident Claim Petition Nos.5, 6, 7, 8, 9 and 10 of 2014, 24, 30 to 34 of 2016, 46 and 47 of 2015, which were having original old M.A.C.P. numbers registered in the year 2011.

2. The Insurance Company inter alia has raised the ground that the driver of the insured vehicle was not holding valid and effective license, and as per the evidence on record confirmed by the concerned R.T.O., produced at Exh.54 to 60, the license so produced on record is fake.

3. Advocate Mr. Maulik Shelat for the Insurance Company submits that it is the bounden duty of the owner of the vehicle to prove on record that he had verified the license of his driver, and thereby had permitted him to ply the vehicle. In absence of any such evidence on record, an adverse inference is required to be drawn that no such exercise was undertaken by the owner of the vehicle.

3.1 Advocate Mr. Shelat submitted that necessary evidence was brought on record by way of reply under R.T.I. from the R.T.O., from which it transp

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