Authority: High Court of Punjab and Haryana at Chandigarh

Order Date: 28 September 2010

Case Overview

  • Parties: Appellant – National Insurance Company Limited; Respondents – Arjan Singh and others, and Motor Accident Claims Tribunal (Fast Track Court), Karnal, and others.
  • Case Numbers: FAO No.4179 of 2004 (O&M); Civil Revision No.4767 of 2004 (O&M); Civil Revision No.4768 of 2004 (O&M).
  • Nature of Proceedings: The insurer challenged the validity of the driver’s licence involved in a motor accident, contending the driver was not duly licensed. The Tribunal had earlier ordered the Licensing Authority at Amritsar to issue a verification report.
  • Key Findings on Report: The Tribunal received a report stating that the licence copy did not match the driver’s name and was a fake. However, the Tribunal rejected the report as it was not a statutory public document and no proof of its genuineness was adduced. The Court noted that the report could not be taken as evidence without proper verification, such as summoning the register or examining a person connected with the records.
  • Court’s Observations: The Court accepted the insurer’s contention that it was led to believe the report alone would prove the licence was invalid. It granted the insurer one opportunity to establish the report’s genuineness by examining a witness from the competent licensing authority. The owner/driver may also be joined to present contrary evidence.
  • Procedural History: On 20 September 2004, the appeal was admitted; the Court dismissed the appeal against respondents 1, 2, 5, and 6 and issued notice only to respondents 3 and 4. The matter will be reopened solely for the inter‑se dispute between insurer and insured regarding licence validity.

Final Outcome

  • The award of the Motor Accident Claims Tribunal is set aside with respect to the licence‑validity issue and the matter is remitted to the Tribunal for fresh adjudication on that point.
  • All other aspects of the Tribunal’s award are confirmed.
  • The parties are directed to appear before the Tribunal at Karnal on 9 November 2010.
  • The appeal and the two revisions are disposed of as above.

Topics: Licence Validity, Motor Accident Claims