original licence. The licence bore number 9195/MTR/96P dated 15th May,
1989. The Appellant - Insurance Company sought to prove that a licence
bearing ... renewal of a
fake licence. The Motor Accident Claims Tribunal did not accept that the
licence was fake. It held that, even if the licence
forged driving
licence though may be validly renewed, would not become a
valid driving licence or a duly issued driving licence in
accordance with ... that if
the licence was validly renewed by a licensing authority
then it cannot be presumed that the licence was a fake
deal with a situation where the driver allegedly possessing only a fake
driving licence.
2. Widow and two minor sons of late Gurjinder Singh Modi ... held that the licence to the driver had not been issued by
the said authority and that the licence was fake. Though the
appellant
that the insurer was
not liable as the driver had a fake licence.
Signature Not Verified
Digitally signed by
2. Shorn of unnecessary details ... driving licence to establish the fact that the driving licence
relied upon by the owner and the driver was fake and not
valid
licence. However, if the
insurance company is able to prove that the owner/insured was
aware or had notice that the licence was fake ... licence
case was held not applicable in the case of an expired licence since the
owner was supposed to be aware that the driving licence
possessing a valid
driving licence issued by the Licencing Authority,
Hoshiarpur. He also verified this driving licence
issued by Licencing Authority, Hosiarpur and also
took ... Kamla. Once the licence is a fake one the renewal
cannot take away the effect of fake licence. It was
observed in Kamla case
licence possessed by the driver
and held that it is only if the owner was aware of the fact that the licence
was fake ... seemingly valid driving
licence is produced by a person employed to drive a vehicle, unless such
licence is demonstrably fake on the face
driver or owner of the vehicle was a fake one; (b) driver
did not have any licence whatsoever; (c) licence, although was granted ... does not hold a
licence; (b) he holds a fake licence; (c) he holds a licence but
the validity thereof has expired
point of law we have no manner of
doubt that a fake licence cannot get its forgery
outfit stripped off merely on account of some ... expiry". No Licensing Authority has the
power to renew a fake licence and, therefore, a
renewal if at all made cannot transform a fake
that the
insurer was not liable as the driver had a fake licence is the
question to be decided in this appeal?
3) BACKGROUND FACTS ... absolved of liability. If it ultimately turns out that the licence
was fake, the insurance company would continue to remain
liable unless they prove that
