Fake driving licence
Querist :
Anonymous
(Querist) 29 September 2011
This query is : Resolved
What is the effect of fake driving licence in claim cases in supreme court view?
Shastri J.K.
(Expert) 29 September 2011
Mo effect on right of claiment.
R.Ramachandran
(Expert) 29 September 2011
If it is a fake driving licence, even the Supreme Court will treat the same as fake driving licence only. Whatever the normal effect on a claim case when one does not have a driving licence, the same will be the effect when there is a fake driving licence.
Shailesh Kr. Shah
(Expert) 29 September 2011
I agree with views of Shri R. Ramachandran.
ajay sethi
(Expert) 29 September 2011
Fake Driving Licence:Motor Own Damage Claim
Supreme Court of India
CIVIL APPEAL NO. 6248 of 2009
Date of judgement: 14-09-09
National Insurance Company Ltd VS Omprakash Jain
Honourable court held that the orders passed by the State Commission and National Commission are liable to be set aside because the findings recorded by them on the issue of validity of driving licence are legally untenable.In National Insurance Company Limited vs. Laxmi Narain Dhut [2007 (3) S.C.C. 700],it has been clearly laid down that the decision in the case of National Insurance Company Limited vs. Swaran Singh & Anr. [2004 (3) S.C.C. 297] has no application to the cases other than third-party risks and where originally licence was a fake, renewal there of can not validate the same. In the present case, the complaint was filed for damage of the vehicle of the insured and not the third party risk.The District Forum and State Commission have concurrently held that the original licence of the driver was fake. This being the position, the District Forum was justified in dismissing the complaint and the State Commission committed an error by awarding compensation to the respondent. The orders of The State Commission & National Commission were set aside and order of The District Forum was restored.
Renewal of fake driving licence:Motor Own Damage Claim
National Consumer Disputes Redressal Commission
Revision Petition No.98 of 2007
Date of Judgement:14-01-2011
The New India Assurance Company Ltd VS Krishan Singh rathore
renewal of the fake license could not transform a fake license into a genuine license. Since the vehicle in question was being driven by a driver in violation of the terms of the policy as well as in violation of Section 3 of the Motor Vehicles Act, Petitioner Insurance Company was entitled to repudiate the claim. For the reasons stated above, Revision Petition is allowed.
prabhakar singh
(Expert) 29 September 2011
If at the fate full date of accident,the license held by driver is found illegal or fake,the insurer shall escape from its' liability even if the policy is found valid,and driver and owner shall be liable to satisfy the award of claim.I have no view to cite but none would be able to cite any citation against my view.
As mater here relates also to fake licence ,the lodging of FIR and investigation and trial for the same would be additional fate of the holder of such a license.
