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Documents citing The State Of Bihar And Ors vs Ram Pukar Singh on 12 July, 2019

Oeiental Insurance Company Limited vs Durga Khatri And Ors on 16 January, 2024

In the present case though the owner (respondent No.6 herein) had filed his written statement and examined Sohan Singh, Assistant Record Keeper, office of the learned District and Sessions Judge, Chandigarh who brought the record of the case titled State Vs. Ram Pukar as RW-1, however, he failed to produce on record a copy of the driving licence. The owner (respondent No.6) himself also failed to step into the witness box. The driving licence was not produced by the owner (respondent No.6). The Tribunal while deciding the case on issue No.3 whether the driver of the offending vehicle (respondent No.5 herein) had a valid driving licence at the time of the accident held that the onus to produce the driving licence was upon the appellant-Insurance Company and it had not led any evidence in this regard. Sections 133 and 134 of the Motor Vehicle Act, 1988 cast a duty on the owner and the driver, respectively, to give the requisite information regarding the insurance and the driving licence. In the present case the driver (respondent No.5) failed to appear and the owner (respondent No.6) though appeared failed to produce the driving licence. In view thereof, the finding of the Tribunal cannot be sustained and the same is accordingly set aside. Yogesh Sharma The appellant-Insurance Company would have a right of recovery against 2024.01.16 13:38 I attest to the accuracy and integrity of this judgment/order.
Punjab-Haryana High Court Cites 4 - Cited by 0 - A Sarin - Full Document
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