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IN THE HIGH COURT OF ALLAHABAD, LUCKNOW BENCH
Hon'ble Abdul Moin,J.
National Insurance Co. Ltd. Lucknow Thru. Regional Manager – Appellant
Versus
Shiva Vishwakarma Minor Thru. Grand Father Devi Dayal – Respondent
| Table of Content |
|---|
| 1. details of the accident and awards by the tribunal. (Para 4 , 5 , 6 , 7 , 8 , 9) |
| 2. challenge to the validity of the driver's license. (Para 10 , 11 , 12 , 13 , 18) |
| 3. court's analysis of the evidence regarding the driving license. (Para 15 , 17 , 19 , 20 , 23 , 27) |
| 4. citations of precedent regarding additional evidence. (Para 24 , 26) |
| 5. final dismissal of the appeal. (Para 29 , 30) |
JUDGMENT :
(Abdul Moin, J.)
1. Heard Shri Satyajit Banerji, learned counsel for the appellant.
2. Learned counsel for the appellant states that the instant appeal as well as F.A.F.O. No.896 of 2016 pertain to the same accident and commons ground have been taken in both the appeals and as such, both the appeals can be heard and decided together.
3. Accordingly, the Court proceeds to hear and decide both the appeals by way of a common judgment. For the sake of convenience, the facts of F.A.F.O. No.895 of 2016 are being taken.
4. Under challenge is the judgment and award dated 19.05.2016 passed in Claim Application No.206 of 2016 in Re: Shiva Vishwakarma and Others vs. Rafiq Khan and Others by the learned Motor Accident Claims Tribunal / Additional District Judge, court no.5, Unnao, whereby th
The court affirmed the Tribunal's finding that the driver had a valid driving license at the time of the accident, establishing insurance liability for compensation.
When a material document affecting the liability of parties is introduced at the appellate stage, the court may remand the matter to the tribunal for fresh adjudication to ensure the validity of the ....
The court established that procedural fairness is essential in adjudicating claims under the Motor Vehicles Act, particularly regarding the validity of driving licenses and the opportunity for partie....
Point of law : In all cases of secondary evidence under Section 65 read with Section 63 of Evidence Act when a copy or an oral account of a document is admitted as secondary evidence, the execution o....
The court upheld the tribunal's finding regarding the validity of the driving license due to insufficient evidence from the insurance company, affirming legal principles regarding liability.
The owner of a vehicle is not liable for damages if they reasonably believed the driver's license was valid, and the burden of proof lies with the Insurance Company to demonstrate otherwise.
Motor Accident Claims - Rash and negligent driving - Without Driving licence - Liability of insurance company – If a driver had a fake driving licence at the time of the accident then the Insurance ....
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