RAKESH KUMAR & ETC. ETC. versus UNITED INDIA INSURANCE COMPANY LTD. & ORS. ETC. ETC.

Citation: [2016] 3 S.C.R. 237 · Decided: 13-07-2016 · Supreme Court of India · Bench: JASTI CHELAMESWAR · Disposal: Appeal(s) allowed
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Judgment (excerpt)

[2016] 3 S.C.R. 237 
RAKESH KUMAR & ETC. ETC. 
v. 
UNITED INDIA INSURANCE COMPANY LTD. & 
ORS. ETC. ETC. 
( C ivi I Appeal Nos.6199-6202 of 2016) 
JULY13,2016 
[J. CHELAMESWAR AND ABHAY MANOHAR SAPRE, JJ.] 
Motor Vehicles Act, 1988: s.166 - Compensation - Fatal 
accident - Award of compensation by Tribunal - Insurer was held 
liable to pay compensation as the driver of the offending vehicle 
was holding a valid and effective driving licence - High Court 
accepted the insurer s appeal and exonerated the insurer on the 
ground that the driver of the offending vehicle did not possess a 
valid licence to drive the vehicle - Appeal by owner - Held: The 
driver of the offending vehicle proved his driving licence in his 
evidence and the insurer failed to adduce any evidence to prove 
that the driving licence was either fake or invalid - Therefore, insurer 
was liable to pay the compensation. 
Allowing the appeals, the Court 
HELD: 1. The driver of the offending vehicle proved his 
driving license in his evidence. Second, when the license was 
proved, the Insurance Company did not raise any objection 
about its admissibility or manner of proving. Third, even if any 
objection had been raised, it would have had no merit because it 
has come on record that the original driving license was filed by 
the driver in the Court of Judicial Magistrate First class in a 
criminal case arising out of the same accident. Fourth, in any 
event, once the license was proved by the driver and marked in 
evidence and without there being any objection by the Insurance 
Company, the Insurance Company had no right to raise any 
objection about the admissibility and manner of proving of the 
license at a later stage. Lastly, the Insurance Company failed to 
adduce any evidence to prove that the driving license was either 
fake or invalid for some reason. Impugned order in so far as it 
relates to exonerating of the Insurance Company from the 
237 
237 
A 
B 
c 
D 
E 
F 
G 
H 
238 
SUPREME COURT REPORTS 
[2016] 3 S.C.R. 
A 
liability to pay the compensation is set aside and the Insurance 
Company (Respondent No.l) is held liable to pay 
the 
compensation awarded by the Tribunal and enhanced by the 
High Court jointly and severally along with the driver and 
owner of the offending vehicle. [Paras 20, 23] [241-F-H, 242-DJ 
B 
Oriental Insurance Company Ltd. v. Premlata Shukla 
& Ors. 2007 (6) SCR 780 : (2007) 13 SCC 476 - relied 
on. 
c 
Case Law Reference 
2007 (6) SCR 780 
relied on 
Para 20 
CIVIL APPELLATE JURISDICTION: Civil Appeal Nos. 6199-
6202 of20 I 6. 
From the Judgment and Order dated 22.05.2014 of the High Court 
of Punjab and Haryana at Chandigarh in FAQ Nos. 6935 of201 I, 6937 
D . of201l,6977 of201Iand907 of2012 (O&M)., 
E 
F 
G 
H 
A. Tewari, Ms. Eliza Bar, Shree Pal Singh, Ad vs. for the Appellant. 
A . K. De, Debasis Misra, Advs. for the Respondents. 
The Judgment of the Court was delivered by 
ABHAY MANOHAR SAPRE, J. I. Leave granted. 
2. These appeals" are filed against the common final judgment and 
order dated 22.05.2014 passed by the High Court of Punjab and Haryana 
at Chandigarh in F.A.O. Nos. 6935, 6937, 6977of2011 and 907of2012 
(O&M) wherein the High Court partly allowed the appeals of the 
Insurance Company and reversed the award dated 13.09.2011 of the 
Motor Accident Claims Tribunal, Ambala in MACT Case Nos. 97, I 09 
of 2008 and 28 of 2009 and exonerated the Insurance Company from 
the liability arising out of the accident. 
3. Facts of the case lie in a narrow compass. They, however, need 
mention in brief to appreciate the short controversy involved in the 
appeals. 
4. On 16.09.2008, Sheo Ram, Madan Mohan, and Mohindro Devi 
along with others were traveling in a three wheeler bearing Registration 
No. PH-I I TC-468 from Naraingarh to Shahzadpur. Madan Mohan was 
driving the three wheeler on the left side of the road. At about I 0.30 
RAKESH KUMAR v. UNlTED INDIA INSURANCE COMPANY 
239 
LTD. [ABHAY MANOHAR SAPRE, J.] 
•. 
a.m., when the three wheeler reached near Bus stop of Village Bharanpur 
on Naraingarh Shahzadpur Road, a truck bearing Registration No. HR-
37-C-7937, which came from the opposite side, struck the three wheeler. 
Though its driver Madan Mohan tried to avoid the accident by taking his 
vehicle on the extreme left side of the road, yet all the occupants of the 
three wheeler suffered multiple injuries. The injured were taken to Civil 
Hospital, Naraingarh in private vehicles. Thereafter, Sheo Ram w
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