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Kiran Kumar (Lawyer)     14 April 2008

Fake Driving License

A very little aspect in my problem, the facts are as follows:

I am a transporter and one of my truck meets an accident and in the process i suffered a loss of Rs. 82000/- however the insurance company surveyor assessed the loss to the extent of Rs. 73000/- only.  But the Insurance Company repudiated my Insurance Claim merely on the ground that my driver was carrying a Renewed Driving License and I have not produced the original to them and also I have not proved which authority initially issued the driving license to my driver.  I moved before the Consumer Forum which dismissed my complaint citing the similar reasons that I have not proved the fact that which authority originally issued license to my driver.

Now I have to move in appeal before the State Commission and my point of contention is that the Owner of the Vehicle is not duty bound to verify the fact that how the Driver, so employed, procured his driving license, I am only bound to check the aspect that whether the driver is holding the driving license or not.......this contention of mine is affirmed by a latest Supreme Court judgment which I am unable to find.

I just intend to know that whether my contention is correct and if somebody is having some judgment running in my favour then please let me know about that......I would like to know the citation also........any other opinion if somebody intends to express.

I am running short of time in this case so quick advice is needed. :-)



Learning

 18 Replies

vinod bansal (lawyer)     14 April 2008

new india vs. reena rani date of judgment 21.09.05.National consumer DRC....owner not expected to verify wheather dl is fakeone or original..

D.V.RamaKrishna (Advocate)     14 April 2008

Mr.Kiran Kumar, With reference to your query and the reply posted by Mr.Vinod Bansal, I am the opinion that you may not succeed in any further appeal against the district consumer forum's judgment dismissing your claim in view of the recent supreme court judgments in this respect vide "m/s United India Insurance Co. Ltd., Vs. Davinder Singh" in Appeal (Civil) 4883 of 2007 arising out of SLP (Civil) No. 1939 of 2007. The facts stated in the above said judgment are somewhat similar and nearer to your case facts. More comments would be given after going thoroughly into the above judgment and other related judgments and provisions of law.

Guest (n/a)     15 April 2008

Dear Kiran This is to inform you that the latest verdict of the Hon'ble Apex court is against you, Kindly go through the latest judgment i.e Oriental Insurance vs Prithvi Raj Civil Appeal no. 648 of 2008 and Please go through the Laxmi Narain Dutt 2007 ACJ 721 which has also touched the same issue. One Judgment of Hon'ble Apex court is in your favour which is Lal Chand vs OIC -2006 ACJ 2161. Regards PUNIT JAIN, Advocate-----Chandigarh

Guest (n/a)     15 April 2008

thankYOU VERY MUCH

Kiran Kumar (Lawyer)     16 April 2008

m highly thankful to all the members who have contributed........though the latest law is against me but i ve been able to use the legal position in the facts available with me.......thanks again.

D.V.RamaKrishna (Advocate)     16 April 2008

Mr.Kiran Kumar, As an addition to what I stated in my earlier reply, please check the following: 1) whether you are having the original(not a xerox) copy of the renewed driving licence. 2) If yes check in it for the date of 1st issue of the driving licence. 3) To know which authority issued the original licence you can approach the authority whcih issued the renewed licence for providing the details of the original 1st issue of licence. If you can answer the above let us know for further comments.

R. Brizmohan Singh (Practising Lawyer)     17 April 2008

I agree with Mr. Punit Jain and Mr DV Ramakrishna and wish to add that Mr. Kiran Kumar and Mr. Bansal are also right but the difficulty arose not out of the judgements but in application of the same. If the claimant is a third party, Mr. Kumar and Mr. Bansal are right and if the claim is made by the insured, Mr. Punit jain and Mr. DV Ramakrishna are correct. As facts stand the client of Mr. Kumar is insured and therefore, the District Forum appears to have correctly decided the case.Please also note that this legal position is as it stands today.

Pankaj Rai (Lawyer)     14 September 2008

Mr.Kiran Kumar,


See-National In.Co. Ltd v/s Laxmi narayan Dhut ,2007ACJ721(SC),National In. Co. Ltd v/s Swarn Singh,2004ACJ1(sc),NEW iNDIA Ass. Co. Ltd v/s Kamla 2001ACJ843(sc),Oriental In. Co. Ltd v/s Brij Mohan,2007ACJ1909(sc),Oriental In. Co. Ltd v/s Meena Variyal,2007 ACJ1284(sc),United INDIA In. Co. Ltd. v/s Lehru,2003ACJ611(sc),United INDIA In. Co. Ltd v/s Davinder Singh 2008 ACJ1(sc), & 2008(1)T.A.C.803(S.C.),& 2008 ACJ 1307.


Pankaj Rai


 

Kiran Kumar (Lawyer)     16 September 2008

hey Mr. do not matter, does not matter.


as like ur name u do not matter to me....i would better like not to ve any response from u for my queries.


its strange that u behave like most intelligent person here, which in fact u r not.


dare to be a member over here, lets c who r u, criticising everyone on one pretext or other.


i find u to be a persona non grata.

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     19 September 2008

Chief Justice  "do not matters does not matter"

I feel like laughing at your answer.

haa ... haa...haaa....heee...heeee....heeee....heee...hee...heee...hee 

Keep Smiling ...HemantAgarwal

Kiran Kumar (Lawyer)     19 September 2008

i need not to file any case against a psycho person like u Mr. Aggarwal.


i simply intended to know who this non sense is.....i never claimed my self to be a greatest of the lawyers.


but i find u to be a mentally upset person.


m unable to understand why u r so frustrated?


dont u ve any work?......some family problem?


let us know, we ll help u Mr. Aggarwal.


 

Kiran Kumar (Lawyer)     19 September 2008

why this non sense here?

debraj mukherjee (advocate)     11 February 2010

can third party is entitle to get compensation in motor accident claim case from insurance company when the driving license of the driver of the offending vehicle is fake?whether the principle of recovery from the owner after paying the compensation by insurance company to third party is applicable now, if so please refer the ruling of supreme court in that respect.

Pankaj Rai (Lawyer)     14 February 2010

Dear, Kindly see New India Assurance Co. Ltd  V/s   Kusum & Oth. 2009 ACJ 2655


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