Hi,
Our truck met an accident in the year 1998 in which 3 persons had died. Insurance company after verification paid claim to third party who died or got injured in that accident. Now In December 2009 Oriental Insurance Company has filed case for claim from owner on grounds that drivers licence was fake, so the whole amount of compensation should be paid by the owner.
The driver who was driving that truck died 2 yrs back. We got it verified from Local transport authority (Pratapgarh) from where it was renewed. As per their records Licence is valid. But the Licence was originally issued from Bombay Transport Authority. and Insurance company claims that it is fake and was never issued by bombay transport authority.
I know the ruling of High Court that a document being fake can not be considered Legal even if it was renewed later on.
But I would Like to raise a Question that Why the owner is considered guilty in this case. When my father appointed that driver he got it verified from local authority and found it to be genuine.Is it required from owner to go to Bombay and get it verified from there also.
Please guide me how can we challenge this decision and what other factors can go against this ruling.
