New India Assurance Co. Ltd. vs Prakash R. Mali on 12 November, 2008
The Police also filed charge-sheet against Mr.A.S. Kore under
Section 279, 337 and 338 of I.P.C. and also under Section 184 of Motor Vehicles
Act, which clearly means that at the time of accident, the driver of Maruti Van
bearing No.MH-09-AB 7280 was not having driving licence and he was driving the
vehicle rashly and negligently and hence, accident occurred. The injury
certificate of Mr.A.S. Kore dated 11/01/2006 is placed on record. The
certificate is issued by Dr.Pradip Patil, Kolhapur, which shows that Mr.Kore had
sustained fractural injuries to bone and various parts of the body. It is
pertinent to note that in claim form submitted by the complainant, he mentioned
name of Mr.Anil V. Mali as driver, driving the subject vehicle and he was having
driving licence MH-10-2005. But, in the complaint, he mentioned that he had
entrusted his Maruti Van on the date of accident to Shri D.S. Kamble. So, he
was not aware how Mr.Abhijit Kore was driving the vehicle at the time of
accident. So, there is basic discrepancy about the person driving the vehicle.
In his claim form, at the time of accident, he mentioned that Mr.A.V. More is
driving Maruti Van, whereas in his complaint he mentioned that his driver was
Mr.D.S. Kamble and he did not know how it was driven by Mr.Abhijit Kore at the
time of accident. So, the complainants case is discrepant in nature and no
credence can be attached to the case as made out in the complaint as well as in
the affidavit filed in support of his complaint. The complainant is surely
concealing the material fact about who was driving the vehicle at the time of
accident. When, the complainants case is that at the time of accident, Mr.A.V.
Mali was driving vehicle, then that is falsified by the Police papers. In
Police papers, it has been revealed that Mr.Abhijit Kore was driving the vehicle
though he was not having driving licence. So, the complainants case as made
out in the complaint is absolutely false. At the time of accident, Mr.Abhijit
Kore was driving the vehicle and at that time Mr.Kore was not having driving
licence as is clear from the Police papers.