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IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
Hon’ble Mr. Justice Anil Kshetarpal
FAO No.5907 of 2011 (O&M)
United India Insurance Company Ltd.
v.
Kesar Devi & Ors
{Decided on 14/08/2018}
In the considered opinion of this court, the learned Tribunal on the very first opportunity, must issue directions to the driver or the owner of the vehicle to produce or at least supply complete particulars of the driving licence along with a photocopy thereof. Owner or the driver must plead in its reply, the complete particulars of the driving licence held by the driver. In absence thereof, insurance companies who are dealing with public money would stand deprived from proper opportunity to contest before the tribunal. If driving licence is allowed to be produced by the owner or driver at the stage of evidence without complete particulars or photocopy of the same, insurance companies would not get proper opportunity to verify its correctness.
(B) Motor Vehicles Act, 1988, S.166 – Accident – License – More than one – Whenever more than one driving licence is produced by the owner or the driver (with respect to the person driving at the time of accident), the learned Tribunal must view the same with suspicion and call upon the person who has produced the second driving licence to prove its genuineness. (Para 24)
(C) Motor Vehicles Act, 1988, S.9 and S.166 – Accident – License – Application for issuance of driving licence can be applied either to the authority in which the applicant ordinarily resides or carries on business or the place where the school or establishment as referred to in Section 12 of the Act set for imparting instructions in driving of the motor vehicles, is situated – No third party has been given any power to issue driving license. (Para 21)
(D) Motor Vehicles Act, 1988, S.166 – Accident – License – Fake License – Held; no evidence has come on record that the alleged driving licence issued by Licensing Authority, Dimapur, (Nagaland) was issued in accordance with Section 9 of the Act.
(ii) Initially driver of offending vehicle had produced another driving licence which has been found to be fake.
(iii) Driver of offending vehicle held not to have valid license at the time of accident. (Para 29)
Mr. Anil Kshetarpal, J. - By this judgment, FAO Nos.5907 of 2011, 5945 of 2011, 6311 of 2012 and 6317 of 2012 and cross objection No.33-CII-2014 filed by the injured-claimant shall stand disposed of as two claim petitions arising out of one accident were consolidated and disposed of by a common judgment by the learned Motor Accident Claims Tribunal, Kurukshetra (hereinafter referred to as ‘the Tribunal’).
2. In an unfortunate motor vehicular accident which happened on 10.12.2009 at 3.30 pm, late Sh. Dharampal, aged 44 years lost his life, whereas his married daughter Ms. Priyanka, cross-objector suffered injuries. The accident is stated to have taken place between a two wheeler on which deceased along with her daughter was travelling and offending motor car which was being owned and driven by Harbhajan Singh, the appellant, in FAO No.6311 and 6317 of 2012.
3. An FIR was registered and respondent no.1 was prosecuted by the police. During the investigation, respondent no.1 produced a driving licence Ex/R1 issued by the Licensing Authority, Agra, Uttar Pradesh.
4. While filing written statement in response to the claim petition, respondent no.1 denied the accident and in the alternative pleaded that he has purchased the insurance policy and is holding a valid driving licence. Particulars of the driving licence were not provided in the written statement.
5. As per the final report under Section 173 of the Code of Criminal Procedure, which is Ex.P8 on the record, the police produced registration certificate of the vehicle and copy of the driving licence of Harbhajan Singh.
6. Counsel appearing for the Insurance Company vide his statement dated 29.03.2011, produced a copy of the alleged driving licence produced by Harbhajan Singh before the police authorities and the verification report Ex.R/2, certifying that the driving licence produced by Harbhajan Singh is fake.
7. As per report submitted by the Insurance Company, driving licence produced by the driver before the police authorities has been found to be fake by the investigator employed by the Insurance Company, who verified this fact from the Licensing Authority, Agra, the issuing authority.
8. However, learned counsel for the driver and owner Harbhajan Singh-respondent no.1 before the learned Tribunal tendered another driving licence Ex.R2, vide statement dated 22.02.2011. The alleged driving licence is said to have been issued by Licensing Authority, Dimapur, (Nagaland) on 23.12.2006.
9. Learned Tribunal without realizing that a different driving licence has been produced, directed the Regional Transport Authority/Licensing Authority, Agra to send a verification report, as noticed in the orders dated 08.03.2011 and 22.03.2011.
10. Ultimately, evidence was closed as counsel for the Insurance Company produced verification report Ex.R/2, vide statement dated 29.03.2011.
11. Taking into consideration the aforesaid facts, learned Tribunal assessed the compensation payable to the claimants. Driving Licence as produced by Harbhajan Singh, owner and driver was held to be fake and the Insurance Company was given recovery rights against owner/driver.
12. With regard to death of Dharampal, aged about 44 years, the learned Tribunal assessed compensation payable at Rs.5,50,000/-. Whereas with respect to the injuries suffered by Ms. Priyanka, the cross-objector, the court assessed the compensation at Rs.85,648/-, noticing that she has suffered 17% permanent disability.
13. Against the award passed, two appeals have been filed by the Insurance Company, whereas other two appeals have been filed by Drivercum- owner Harbhajan Singh and cross objections have been filed by claimant Priyanka.
14. It may be noted that late Sh. Dharam Pal, the deceased have 3 daughters, all married, a widowed mother, as claimants. Wife of late Sh.Dharam Pal had pre-deceased him.
The issues which need determination is :-
(i) Whether Harbhajan Singh, owner and driver of the offending vehicle was holding any v
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