Case Note & Summary
The appeal was filed by United India Insurance Co. Ltd. against the judgment and award dated 22.02.2011 passed by the XIII Additional Small Causes Judge, MACT, Bangalore in MVC No.1255/2009, awarding compensation of Rs.60,500/- with interest at 6% p.a. to the claimant Smt. Rathna for injuries suffered in a motor vehicle accident on 31.01.2009 due to negligent driving of the rider of the motorcycle bearing KA-03-EC-6410 owned by Sri Rasul Sahib Daded. The insurer contended that the driver did not possess a valid driving licence as on the date of accident, relying on the police charge sheet. The Tribunal, however, held that the charge sheet was not conclusive and that the insurer failed to prove breach of policy conditions. The High Court framed the issue whether the police charge sheet could be relied upon to hold that the driver had no licence, and answered it in the negative. The court observed that a charge sheet is merely an opinion of the police and not substantive evidence; the insurer must produce independent evidence such as a report from the Regional Transport Office. Since the insurer failed to do so, the appeal was dismissed. The court upheld the Tribunal's award and directed the insurer to deposit the compensation amount with accrued interest within four weeks.
Headnote
A) Motor Accident Claims - Driving Licence - Evidentiary Value of Police Charge Sheet - Section 149(2) Motor Vehicles Act, 1988 - The question was whether a police charge sheet can be relied upon to conclude that the driver had no valid driving licence. The court held that a charge sheet is not conclusive proof of absence of licence; the insurer must adduce independent evidence to prove breach of policy conditions. The Tribunal's finding based on evidence of valid licence was upheld. (Paras 1-3)
Issue of Consideration
Whether police charge sheet could be relied upon to hold that the driver of the insured vehicle had no driving licence as on the date of accident?
Final Decision
Appeal dismissed. The impugned judgment and award of the Tribunal is confirmed. The insurer is directed to deposit the compensation amount with accrued interest within four weeks.
Law Points
- Police charge sheet is not conclusive proof of absence of driving licence
- burden of proof on insurer to establish breach of policy conditions
- Motor Vehicles Act
- 1988 Section 149(2) defence requires evidence beyond charge sheet.
