The court emphasized the importance of establishing evidence to prove the validity of the driving license and held that in the absence of such evidence, the Insurance Company was liable to compensate the claim.

1. Application has been filed seeking extension of time to file cross objections to the appeal filed by the Insurance Company. Non-applicant –Insurance Company has no serious objection for entertaining the cross objections. Delay is condoned. Cross objections be numbered accordingly.

2. The question of law arising out in the appeal for consideration is as to whether the Assistant Commissioner under Workmen’s Compensation Act (ALC) Jammu misdirected himself while rendering the finding that deceased Ashraf Ali S/o Mohd. Missri is not holding a valid driving License and that it was fake.

3. Insurance Company has filed the appeal challenging that the portion of order whereby it was directed to settle the claim of the parents of the deceased on the basis of the valid Insurance Policy issued under Workmen’s Compensation Act despite the finding given by the Assistant Labour Commissioner that the driving license of deceased Ashraf Ali was held to be fake and got reviewed fraudulently.

4. Death of Ashraf Ali in accident which happened on 28.03.2006 while driving L. P. Truck No. JK02K-8179 is not in dispute and that valid Insurance Policy covering the claim for Workmen’s compensation is also not in dispute. The quantum of compensation awarded by the competent authority is not in dispute.

5. As stated earlier the only issue is whether the Insurance Company could be absolved of its liability to compensate the claims of parents of the deceased on the premise that the license of deceased Ashraf Ali was fake as per the finding of the competent authority.

6. The counsel for the respondents-claimants has also filed cross objections which has been admitted. It is the pleading that the finding of the Assistant Commissioner under Workmen’s Compensation Act is perverse inasmuch as there is no material on record to come to the finding that the Driving License said to be held by deceased Ashraf Ali was fake. It is based on no evidence nor is it borne out by the record.

7. Both the counsel argued the matter on this legal plea based on the factual dispute as raised.

8. Learned counsel for the appellant-Insurance Company drew the attention of this Court to the statement of Mr. Kalu Ram Senior Assistant in the Office of ARTO Udhampur who stated that License No. 12368/MVD/J issued by Licensing Authority Jammu has been renewed by Licensing Authority Udhampur Under No. 7627/ARTO U up to 24.08.2007 in the name of Ashraf Ali S/o Mohd. Nazir. The certificate issued in this respect is marked as EXPKR. He also holds that the said certificate is signed by the Licensing Authority and is genuine and correct. Insurance company has also produced another witness namely Pawan Kumar S/o Dina Nath who stated that license No. 12368/MVD/RTO/J dated 21.02.2008 has been issued in his favour for driving Motor Cycle and Light Motor Vehicle and this is valid upto 20.02.2018. Photocopy of the same is marked as PK. One Jagdish Raj Khajuria, Statistical Officer RTO, another witness of the Insurance Company who stated that the license issued in the name of Pawan Kumar is a genuine one and that the renewed license in the name Ashraf Ali S/o Mohd. Nazr is wrong and that original license is issued in the name of Pawan Kumar issued by the Licensing Authority, Jammu. The claimants vehemently opposed this plea before the authority, nevertheless a specific finding was given by Assistant Commissioner as detailed below:

      “The respondents Nos. 2 have challenged the validity of the driving license allegedly shown to have been issued in favour of deceased Ashraf Ali. Sh. Jagdish Raj Khajuria Statistical Officer, RTO’s Office Jammu, witness of the respondent NO. 2 has proved during his examination which was based on Official record that driving license NO. 12368/MVD/J dt. 21.02.1998 has not been issued in favour of Ashraf Ali S/o Mohd. Nazir, but it has actually been issued in favour of Pawan Kumar S/o Sh. Dina Nath R/o Ghomanhasan tehsil & Distt. Jammu for LMVs only. Copy of driving lice