In absence of evidence, driving license held genuine, claim petition allowed, HC
In absence of evidence, driving license held genuine, claim petition allowed, HC
Injured/claimant Sudhir Kumar Jha was helping Suresh Kumar in reversing his TATA 407. A high speed canter hit Sudhir Kumar Jha & middle back portion of TATA-407 with great force. Calimant fell down on road & received grievous injuries. On claim petition court held, In absence of any evidence being led by insurance Co. to prove that driving licence was found to be fake, initial burden put on insurance company to this effect was not discharged.-500191
Facts in brief:
1. At around 10.00 pm when the injured/claimant Sudhir Kumar Jha was helping Suresh Kumar in reversing his TATA 407 bearing registration No.HRP-12-2680 at main road near AW Block near Mill Building, Sanjay Gandhi Transport Nagar, Delhi, a Canter bearing registration No.HR-38-L-8704 came at a very high speed and hit Sudhir Kumar Jha and also middle back portion of TATA-407 bearing registration No.HP-12-2680 with a great force. As a result of said impact, the petitioner fell down on the road and received grievous injuries.
2. In result the claim petition has been filed.
HC held as under:
3. In the absence of any evidence being led by the insurance company to prove that the driving licence was found to be fake, the initial burden put on the insurance company to this effect was not discharged. Hence, neither the insurance company can be absolved of its liability to pay the compensation to the third party nor recovery rights can be granted against the owner/driver.
Case Reference-ORIENTAL INSURANCE CO.LTD. versus SUDHIR KUMAR JHA & ORS.
IN THE HIGH COURT OF DELHI AT NEW DELHI
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