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Oriental Insurance Co. Ltd. vs Mulayam Bai And Ors. on 3 August, 1998

8. On the other hand, learned Counsel for the appellants submitted that insurance company failed to examine Road Transport Authority who had issued the original driving licence in the year 1984 and, therefore, the contention of the respondents cannot be accepted. The learned Counsel for the appellants does not dispute the fact that the licensing authority itself has made an endorsement in Exh. D1 to the effect that no such licence was issued nor it exists in the record of the Licensing Authority and, therefore, such certificate is admissible in evidence as a public document under Section 74 (1) (iii) of the Evidence Act. Learned Counsel for the insurance company drew my attention to the decision of this Court in the case of Oriental Insurance Co. Ltd. v. Mulayam Bai , in which it has been held that the certificate is the record of the act done by the public officer, who has found, after examining itself its own record that the licence does not exist. This can be proved by producing the original certificate in the court. This Court has held that the certificate issued by licensing authority is a public document and admissible in evidence without examining someone from the authority.
Madhya Pradesh High Court Cites 1 - Cited by 18 - Full Document

New India Assurance Co., Shimla vs Kamla And Ors on 27 March, 2001

In view of the above the law laid down by the Supreme Court in the case of Kamla (supra) will be fully applicable in the present facts and circumstances of the case. The insurance company, respondent No. 2, is entitled to recover the amount from the owner of the vehicle on account of vehicle being driven by person who had no valid licence to drive the vehicle and, therefore, the cross-objections filed by the insurance company is partly allowed for the reasons assigned above.
Supreme Court of India Cites 13 - Cited by 649 - Full Document

Lal Chand vs Oriental Insurance Co. Ltd on 22 August, 2006

The decision of the Apex Court in the case of Lal Chand v. Oriental Insurance Co. Ltd. , in which the owner of vehicle has not only seen and examined driving licence produced by driver but also took test of driving of driver and found that the driver was competent to drive the vehicle. Thus, the owner satisfied himself that the driver has a licence and is driving competently, there would be no breach of Section 149 (2) (a) (ii) and the insurance company would not then be absolved of its liability.
Supreme Court of India Cites 6 - Cited by 229 - A R Lakshmanan - Full Document

National Insurance Co. Ltd. vs Mannibai And Ors. on 12 January, 2005

In the case of National Insurance Co. Ltd. v. Mannibai , the insurance company had neither pleaded in its written statement nor proved by examining any employee of R.T.O. that licence of the driver was fake. Here in the present case, due to accident occurred on 27.7.2003 the driver Major Singh who was driving truck No. MP 07-G 0724 died in the said accident and no written statement was filed by the owner of the vehicle before the Claims Tribunal. The insurance company, respondent No. 2, in para B of its additional pleadings taken the plea that the driver of the vehicle was not having valid driving licence, thereafter he investigated the matter through its authorised investigator who submitted its report. The insurance company also examined Ajay Rawat, NAW 1 to prove the fact that the original licence issued in favour of the driver from R.T.O., Guwahati is a fake licence.
Madhya Pradesh High Court Cites 3 - Cited by 2 - N K Mody - Full Document
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