Case Note & Summary
The case involves an appeal filed by the National Insurance Company Ltd. against the judgment and award dated 03.04.2015 passed by the Motor Accident Claims Tribunal (Auxiliary), Gandhidham at Kachchh in MACP No.272/2009. The Tribunal had partly allowed the claim petition and awarded Rs.5,30,123/- with interest at 9% per annum. The insurance company challenged the award on the ground that the driver of the offending vehicle did not hold a valid driving license at the time of the accident, and the license produced at Exh.74 was fake as per the company's investigator. The insurance company sought exoneration from satisfying the award. The High Court, after hearing the appellant's counsel, examined the record. It noted that the insurance company had not examined any officer from the RTO to prove that the license was fake. In the absence of cogent evidence, the Tribunal did not err in holding that the insurance company failed to prove the license was fake. The Court also referred to the Supreme Court judgment in Hind Samachar Ltd. v. National Insurance Company Ltd., 2025 INSC 1204, which emphasizes the need for due diligence and evidence. Consequently, the High Court found no merit in the appeal and dismissed it, upholding the Tribunal's award.
Headnote
A) Motor Accident Claims - Driving License - Fake License - Burden of Proof - Insurance Company - The insurance company alleged that the driver's license was fake but failed to examine any RTO officer or produce cogent evidence. The Tribunal held that the company could not prove the license was fake. The High Court upheld the Tribunal's decision, relying on Hind Samachar Ltd. v. National Insurance Company Ltd., 2025 INSC 1204, which requires the insurer to prove due diligence and produce evidence. (Paras 3-4)
Issue of Consideration
Whether the insurance company can be exonerated from satisfying the award on the ground that the driver's driving license was fake, when the company failed to produce cogent evidence to prove the license was fake.
Final Decision
The appeal is dismissed. The impugned judgment and award dated 03.04.2015 passed by the learned Motor Accident Claims Tribunal (Auxiliary), Gandhidham at Kachchh in MACP No.272/2009 is confirmed.
Law Points
- Burden of proof on insurance company to prove driving license fake
- Requirement of cogent evidence to establish fake license
- Insurance company cannot be exonerated without proper evidence
