JUDGEMENT
PRAKASH TATIA, J. -
(1.) Heard learned counsel for
the appellant.
(2.) In Appeal No. 892 of 2003 only
point raised by the appellant is short one.
(3.) As per sub-section (c) of section 134
of Motor Vehicles Act, 1988 (hereinafter
referred to as 'the Act of 1988'), the owner
and the driver are under obligation to furnish information
about the insurance policy
number and period of its validity, date,
time and place of accident, particulars of
person injured or killed in the accident,
name of the driver and particulars of his
driving licence to the insurance company,
in case the insured vehicle met with an
accident. In the present case, owner and
driver of the vehicle failed to provide this
information to the insurance company.
Therefore, according to appellant insurance
company, an adverse inference should have
been drawn against the owner and driver
of the vehicle and the Tribunal should have
drawn presumption that either the driver
had no driving licence at the relevant time
or it was not a valid driving licence.;
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