[Motor Accident] Burden To Prove That Driver's License Is Fake Lies Upon Insurance Company: Karnataka High Court
The Karnataka High Court has said that the burden lies on the insurance company to prove that licence of the driver of vehicle which met with an accident was fake, by examining the author of the document (RTO), and unless the same is proved as a fake document, the shifting of the liability on the owner does not arise. A single judge bench of Justice HP Sandesh dismissed the appeal...
The Karnataka High Court has said that the burden lies on the insurance company to prove that licence of the driver of vehicle which met with an accident was fake, by examining the author of the document (RTO), and unless the same is proved as a fake document, the shifting of the liability on the owner does not arise.
A single judge bench of Justice HP Sandesh dismissed the appeal filed by the United India Insurance challenging the judgment and award passed by the Motor Accident Claims Tribunal which allowed the claim petition filed by injured Master Tharun Gowda, 8 years old at the time.
The insurance company argued that driver of the offending vehicle was not having a valid driving licence and the driving licence, which was marked, is a fake driving licence.
The bench on going through the records, accepted the contention of the respondent (owner of the vehicle) that the author of the document has not been examined by the Insurance Company, even when its specific contention is that the document was fake.
It observed, "In the absence of proving of the document that the same is a fake document, the question of interfering with the finding of the Tribunal does not arise."
Then it held, "The burden lies on the Insurance Company to prove the same except relying upon the endorsement, nothing is placed on record and also the author of the document has not been examined. Under the circumstances, I do not find any force in the contention of the Insurance Company that the driving licence was a fake document. Unless the same is proved as a fake document, the shifting of the liability on the owner does not arise."
Following which it dismissed the appeal.
Case Title: THE REGIONAL MANAGER UNITED INDIA INSURANCE COMPANY LIMITED v. MASTER THARUN C. GOWDA & others.
Case NO: M.F.A.NO.5197/2014
Citation: 2022 LiveLaw (Kar) 490
Date of Order: 10TH DAY OF NOVEMBER, 2022
Appearance: O.MAHESH, ADVOCATE for appellant; P.S.KAILASH SHANKAR, ADVOCATE FOR R1; K.PRASANNA SHETTY, ADVOCATE FOR R2.
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