The burden of proof lies on the driver to establish the validity of the driving license, and the insurance company must prove the owner's awareness of any policy breaches.

JUDGMENT :

Dr. Kaushal Jayendra Thaker, J.

1. Heard Sri. Arvind Kumar, learned counsel for the appellant and perused the judgment and order impugned.

2. This appeal, at the behest of the New India Assurance Company Limited, has been preferred against the judgment and award dated 31.5.1994 passed by Motor Accident Claims Tribunal/IVth Additional District Judge, Jhansi in M.A.C.T. Case No. 119 of 1991 awarding a sum of Rs. 1,08,000/- in favour of the claimants and fixing the liability of payment upon the appellant.

3. Except the fact that the driving license of the driver was fake, no other ground is raised. Skeletal facts which gave rise to this litigation is that one Tulsi Ram sustained fatal injuries and he succumbed to the said injuries in the accident which took place on 30.4.1991. The accident is not in dispute. The compensation awarded in M.A.C.P. No. 119 of 1991 is not in dispute. The insurance being in vogue is not in dispute. The only issue is regarding the factum of the license of the driver which is sought to be canvassed to be fake driving license.

4. The appellant challenges the finding of fact namely that the driver of the insured vehicle was not possessing valid driving license at the time of accident. It is submitted that on the basis of photocopy of the driving license produced by the driver holding that it shows that the driver possessed valid driving license at the time of accident is the finding of the Tribunal which is against the evidence led by the appellant herein. It is submitted that the photocopy of any document is not admissible under law.

5. It is a cardinal principle that the burden lies on the driver to prove the fact that he posses the valid driving license. The photocopy, though not admissible, was rebutted by the licensing authority i.e. the Transport Department, Kanpur who had mentioned this fact that the Licence No. N-1140/87 (Old No. 44596/KP/86) was issued in the name of Nand Kishore Azad and Licence No. 1140/KP-90 was issued by licencing Authority in the name of Nizamuddin.

6. Just by producing certificate of R.T.O. without any rebuttal evidence will not be permitted to be held that the finding is perverse and it has not been proved that the owner was aware about the fact that the license produced by the driver was fake. In absence of proving the same, the Insurance company cannot claim that they are not liable to pay any compensation. I am supported in my view by the decision in Oriental Insurance Company Limited v. Poonam Kesarwani and others, 2008 Law Suit (All) 1557 wherein the Court has held as under:

"9. The question is whether the letter/certificate issued by Regional Transport Officer, Raipur (Chhatisgarh) can be considered to be a public document as defined in section 74 of the Indian Evidence Act, 1872, which required no proof or it was required to be proved by the person producing it before the tribunal by examining witnesses? A public document is a document that is made for the purpose of the public making use of it. When a public officer is under a duty to make some entries in the official book or register, the entries made therein are admissible in evidence to prove the truth of the facts entered in the official book or register. The entries are evidence of the particular facts which was the duty of the officer to record. The law reposes confidence in the public officer entrusted with public duties and the law presumes that public officers will discharge their duties with responsibility. A driving licence is issued under Chapter II of the Act. Section 26 of the Act makes it mandatory for the State Government to maintain a register known as State Register of Driving Licence. The entries with regard to issuance or renewal of driving licence by the licensing authorities which contains particulars of licence and the licence holder are entered by the Regional Transport Officer/the licensing authority in discharge of their official duty enjoined by law. The State Register of Driving Licenc