Back
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
ALOK MAHRA
Mohd. Abbas – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
ALOK MAHRA, J.
1. The present Criminal Misc. Application under section 482 Cr.P.C. has been filed by the applicant for quashing and setting-aside the cognizance/summoning order dated 08.07.2020, charge sheet dated 06.06.2020 as well as the entire proceedings of Criminal Case No. 1579 of 2020, State Vs. Mohd. Abbas , under Sections 420 , 467, 471 of IPC , pending in the Court of Chief Judicial Magistrate, Nainital.
2. Facts necessary, to appreciate the controversy, briefly stated, as follows:-
Applicant herein is the owner of the Truck in question, bearing registration no. UK04E/9756, which was involved in an accident case dated 25.03.2012. In this case, an FIR was lodged on the direction of the Motor Accident Claim Tribunal on 05.11.2019 in which it was alleged that the applicant has filed a forged driving licence of his driver in Motor Accident Claim Tribunal Case No. 4 of 2018. After investigation, chargesheet has been filed under Sections 420 , 467, 471 of IPC against the applicant.
3. Learned counsel for the applicant would submit that the applicant was the owner of the truck and the driver of the vehicle namely Farman @ Saddam has provided the driving licence bearing L
The prosecution must conclusively prove the accused's knowledge of a forged document for a conviction under IPC sections; mere submission of a document does not establish guilt.
The burden of proof regarding a driver's valid licence lies with the vehicle's owner, absolving the Insurance Company from liability if not established.
The main legal point established in the judgment is the requirement for the Insurance Company to establish wilful breach on the part of the insured and the entitlement to recover the awarded amount f....
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.
The insurance company must prove the wilful breach on the part of the vehicle owner, and the mere fact of the driving license being fake does not absolve the insurer from liability.
The Insurance Company must prove the owner's knowledge of the driver's unlicensed status to escape liability; mere allegations are insufficient.
The main legal point established in the judgment is that the owner's satisfaction with the driver's competence to drive the vehicle shifts the onus to the Insurance Company to prove any breach of the....
Point of law : Liability of an insurer to reimburse the insured, as an owner of the vehicle not only depends upon the terms and conditions laid down in the contract of insurance but also the provisio....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
