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(c) No one appeared on behalf of R-1/ driver cum owner to make any submissions during Final Arguments.

(d) The insurance company, on the other hand, contended that the present case squarely falls within the category of breach of policy conditions. It was argued that at the time of the accident, the driver of the offending vehicle was not holding a valid and effective driving licence and was, therefore, driving the vehicle in violation of the statutory requirements. It was further contended that the driver was under the influence of alcohol at the relevant time and, on account of the said conduct, he was charge-sheeted under the appropriate provisions of the Motor Vehicles Act for driving without a valid licence as well as for drunken driving. Counsel for the insurance company further submitted that the driving licence subsequently produced by the driver Hari Om, purportedly issued from the State of Manipur, is a procured document obtained at a belated stage only to evade liability. It was argued that the circumstances surrounding the issuance of the said licence raise serious doubts about its authenticity, particularly in view of the fact that the driver admittedly belongs to Uttar Pradesh and was residing in Faridabad at the time of the accident. It was also contended that the driver attempted to mislead the investigation by falsely projecting one Kuldeep as MACT No. 447/2018 Rohit Tiwari Vs. Hari Om & Anr. Page No. 8 of 32 (rpt) the driver of the offending vehicle at the time of the accident, which further undermines the credibility of his defence.

(b) Per contra, the driver of the offending vehicle entered the witness box as R1W1 and produced his driving licence, which has been exhibited as Ex. R1W1/2. The particulars of the said driving licence reveal that it was valid and effective for driving the class of vehicle involved in the accident. Counsel for the insurance company objected to the said driving licence on the ground that it is a procured document, allegedly prepared on false particulars at a belated stage of investigation only to escape liability. It was further argued that the driver did not possess any valid driving licence at the time of the accident. Doubt was also raised on the ground that the driving licence had been issued by the Transport Authority of Manipur, whereas the driver admittedly belongs to Uttar Pradesh and was allegedly residing in Faridabad at the time of the accident.

(c) During cross-examination, several questions were put to MACT No. 447/2018 Rohit Tiwari Vs. Hari Om & Anr. Page No. 26 of 32 (rpt) R1W1 arising out of the suspicion regarding the authenticity of the driving licence. The witness / driver Hari Om stated that he had stayed in Manipur for about seven months, though he could not specify the exact period or address. He admitted that he had not brought any documentary proof to show his residence in Manipur. He further stated that he had gone to Manipur in the year 2015, but could not recall the exact date and the name of train. He denied the suggestion that he had never visited Manipur or that Ex. R1W1/2 is a forged, fabricated or procured document.