United India Insurance Co. Ltd. vs Nirmala Kothari on 6 February, 2015
14. Ld. Advocate Mr. Mehta, further, submitted to consider the judgment III
(2018) CPJ 102 (NC) in the case of United India Insurance Co. Ltd. Vs.
Nirmala Kothari wherein on the ground of the fake licence with the driver
of the vehicle it was held that no liability can be fastened on the
appellant. But in that case the motor accident had taken place and there
was an accident with the tractor as a result of which the complainant
and his daughter died and the vehicle was totally damaged. Here
according to our view the vehicle had a short-circuit without any collision
as per the complainants case. Therefore this judgment is not applicable
in the instant case. We do not agree with the appellant side submission
that if the concerned vehicle was not in motion and at that time had the
incident taken place then it would be their liability but as the incident
has taken place when the vehicle was in motion and therefore, the Ld.
District Commission order should be quashed and set aside.