The New India Assurance Co. Ltd. vs Rakesh Ahuja & Ors.
2009 Latest Caselaw 4965 Del

16 & 17
*IN THE HIGH COURT OF DELHI AT NEW DELHI


                               Date of Decision: 3rd December, 2009
%

                    +       MAC.APP. 236/2009

      THE NEW INDIA ASSURANCE CO. LTD. ..... Appellant
                    Through : Mr. D.D. Singh, Adv.

                    versus

      RAKESH AHUJA & ORS.          ..... Respondents
                    Through : Respondent No.1 in person.
                              Mr. Navneet Goyal and
                              Mr. Varun Kumar, Advs.
                              for R-3.

                    +       MAC.APP. 238/2009

      THE NEW INDIA ASSURANCE CO. LTD. ..... Appellant
                    Through : Mr. D.D. Singh, Adv.

                    versus

      RAKESH AHUJA & ORS          ..... Respondents
                    Through : Respondent No.1 in person.
                              Mr. Navneet Goyal and
                              Mr. Varun Kumar, Advs.
                              for R-3 to 6.


CORAM :-
THE HON'BLE MR. JUSTICE J.R. MIDHA

1.      Whether Reporters of Local papers may                 YES
        be allowed to see the Judgment?

2.      To be referred to the Reporter or not?                YES

3.      Whether the judgment should be                        YES
        reported in the Digest?

                            JUDGMENT (Oral)

1. Issue fresh notice to respondent No.2 by ordinary

process as well as registered AD post, returnable on 18th

January, 2010.

2. The LCR be requisitioned before the next date of

hearing.

3. The learned counsel for the petitioner submits that the

driving licence held by respondent No.2 at the time of the

accident was found to be fake by the Investigator.

4. Mr. D. D. Singh, learned counsel for the appellant

submits that the offenders holding/driving with fake driving

licence as well as the persons involved in fabricating/forging

fake driving licence should be punished.

5. It has been noticed that there are large number of

cases relating to fake driving licence and no action is taken

against the fake driving licence holders as well as the

persons who fabricate/forge the fake driving licences.

Forging and holding a fake driving licence is a serious

offence and the person holding a fake driving licence is a

danger to the society inasmuch as he is not legally entitled

to drive the motor vehicle and may not be knowing driving at

all or his driving may have been suspended for involvement

in some accident. The persons forging as well as holding

fake driving licence are liable to be prosecuted under law.

6. Considering the importance of the issue involved, Ms.

Rajdipa Behura, Advocate is appointed as amicus curiae to

assist this Court in this matter. Mr. Vikas Pahwa, Additional

Standing Counsel for Delhi Police and Standing Counsel for

C.B.I. has also been requested to assist this Court.

7. Mr. Vikas Pahwa submits that the issuance of and

holding/driving with fake driving licence is punishable under

Sections 465, 468, 471 and 474 of the Indian Penal Code.

Mr. Pahwa submits that the information as to the fake driving

licence is available with the Insurance Companies who detect

the fake driving licence through their Investigator whereupon

they contest their liability before the Claim Tribunal but they

do not make any complaint to the police and, therefore, no

action can be taken by the police in such matters. Mr. Pahwa

further submits that the complaint of the fake driving licence

has to be made to the police for prosecution of the offenders.

8. It is suggested by learned counsel for the appellant,

learned amicus curiae and Mr. Vikas Pahwa that the

Insurance Companies should make a written complaint to

DCP (Crime Branch), Delhi Police giving all the relevant

particulars such as name and address of the driver, FIR No.,

number of the fake driving licence and the name of the

authority by which it is alleged to have been issued along

with the photocopy of the fake driving licence. It is

suggested that in the first instance, Insurance Companies

should be directed to file the complaint to the police relating

to claims which were contested by them during the last three

years on the ground that the driving licence was fake. The

complaint be made by all the Insurance Companies within a

period of four weeks.

9. Mr. Pahwa submits that in cases of pending

investigation, the police can further investigate into the issue

of fake driving licence and in cases of pending criminal trial,

the police can file supplementary charge sheet. With respect

to the cases where the trial has already completed, the

matter needs further examination and the submissions shall

be made in this regard on the next date of hearing.

10. Mr. Pahwa further submits that upon receipt of the

complaint from the Insurance Companies, appropriate action

shall be taken in accordance with law and the Delhi Police

shall also consider appropriate measures to ensure that

persons holding fake driving licence are not able to drive on

the road to ensure safety to the road users in Delhi.

11. Mr. Arun Mohan, Senior Advocate, on being asked by

this Court, has made following suggestions for

consideration:-

(i) Setting up a separate cell for fake driving licences with

a separate e-mail address. Wherever the Insurance

Companies have taken the defence of fake driving

licence before the MACT in the last three years, the

Insurance Companies should scan the document (the

licence which they say is fake) along with particulars of

the person who was carrying it while driving, the details

of the accident and the details of the owner and e-mail

as an attachment to the aforesaid e-mail. The

complaint can be in electronic form.

(ii) The following can be considered as format:-

"To

The DCP Crime Branch Delhi Police.

Subject : Complaint in respect of fake driving licence held by _________. Sir,

1. Date, time and place of the accident:

2. Particulars of the deceased / injured:

Age / Date of Birth (DD.MM.YYYY)

Permanent Address

Present residential address

Occupation

3. Registration Number of the offending vehicle:

4. Particulars of the vehicle:

              Model                         Make

              Colour                        Year of manufacture

              Other Description

5. Particulars of the person driving the vehicle at the time of the accident:

Name Father‟s Name

Date of Birth (DD.MM.YYYY) Height (or at least the year of birth)

Permanent Address

Present Residential Address

Workplace address (Name & Address of employer/s in the past three years)

Mobile telephone numbers

in use at the time of accident and used in the three years next preceding the accident Identification document/s as may be available

6. Particulars of the owner of the vehicle:

Name Father‟s Name

Age / Date of Birth (DD.MM.YYYY)

Permanent Address

Present Residential Address

Mobile telephone numbers in use at the time of accident and used in the three years next preceding the accident Identification document/s as may be available.

7. Particulars of the case before the MACT:

Cause Title

No.

Court

Sd/-

                                         For            Insurance
                                         Company

Note :       As much information as is possible to give will be

filled-up in this form and the e-filing of the form shall not be withheld on the ground that any information for any one or more of the columns is missing."

(iii) The driving licence that is produced or recovered (and

is alleged to be fake) be electronically scanned in high

resolution mode and saved as a JPEG file. This (JPEG)

image file as also the personal particulars (as a regular

document file) be e-mailed as an attachment by the

Insurance company to the police (Control Cell).

(iv) Whenever the police registers an FIR against a person

for driving with a fake licence, particulars of that FIR be

entered (by the Control Cell) in the entry against the

information received.

(v) The Control Cell for fake driving licences shall maintain

the information received from the Insurance Companies

in their computer database, in a form that can be

accessed and sorted from several parameters.

(vi) The Control Cell shall prepare a tabulated chart for the

information received and look for any „patterns‟ within

it. It shall take such action according to law against

those concerned as it considers proper.

(vii) Driving without a licence is an offence, but putting

forward a driver‟s licence that is found to be fake is

worse, i.e., it is a more serious offence. The police shall

consider the feasibility of placing the information of

those cases where the person causes an accident and

the Driving Licence produced was found to be fake on a

website so that the Transport Authorities in other

States can access it and be armed with this infor-

mation before issuing a Driving Licence for such a

person in that State.

(viii) The Delhi Police shall maintain a record of the e-mails

received by them as aforesaid whereupon they shall

process the same and then initiate appropriate action.

The Delhi Police shall also record the statement of the

owner of the vehicle as to how he allowed the vehicle

to be driven by the person who was not holding a valid

driving licence and take such action as is permissible in

law. In the meantime, whenever a defence of fake

licence is raised in a pending matter before the MACT,

the MACT shall ensure the personal presence of the

driver and the owner to record their statements with

respect to the veracity of the licence and the owner

permitting a person without a valid driving licence to

have driven the vehicle which was involved in the

accident. The presence of the owner and driver shall

be ensured by the learned Tribunal through the

Investigating Officer of the Delhi Police.

(ix) In appropriate cases, the learned Tribunal may also

consider ensuring the presence of the owner and driver

by issuing bailable/non-bailable warrants in accordance

with law. The monthly statement of the complaints

submitted by the Insurance companies and the action

taken by the police be placed before this Court to

examine whether this menace has been controlled.

12. The suggestions of Mr. Arun Mohan, Senior Advocate

are very useful. The Committee is constituted to draw up a

mechanism for prosecution of the fake driving licence

holders/forgers and to make Delhi roads safe by ensuring

that the fake driving licence holders do not drive freely on

Delhi roads any more. The Committee shall comprise of Mr.

Arun Mohan, Senior Advocate, Ms. Rajdipa Behura, Advocate,

Joint Commissioner of Police (Northern Range), Delhi Police,

Mr. Vikas Pahwa, Additional Standing Counsel of Delhi Police

and Mr. Atul Nanda, Standing Counsel for Union of India. The

Joint Commissioner of Police (Northern Range) shall convene

a meeting of the Committee with all the Insurance

Companies at Delhi Police Head Quarters on 14th December,

2009 at 4:30 p.m. The report of the Committee be placed

before this Court for consideration on 16th December, 2009.

13. Notice be also issued to the Ministry of Road Transport

and Highways through Mr. Atul Nanda, Standing Counsel for

considering the above suggestions and providing the inputs

of the Ministry of Road Transport and Highways in the

aforesaid meeting.

14. At this stage, Ms. Rajdipa Behura, Advocate accepts

notice on behalf of National Insurance Company Limited and

Oriental Insurance Company Limited for seeking appropriate

instructions from the said two companies.

15. Mr. D.D. Singh and Mr. Kanwal Chaudhary, nominated

counsel accept notice on behalf of New India Assurance

Company Limited for seeking appropriate instructions from

New India Assurance Company Limited.

16. The copy of this judgment be given „Dasti‟ to learned

counsel for the parties and all Insurance Companies, Mr. Arun

Mohan, Sr. Advocate, learned amicus curiae, Ms. Rajdipa

Behura, Advocate and Mr. Vikas Pahwa, Additional Standing

Counsel for Delhi Police and Standing Counsel for C.B.I. under

signature of Court Master and Mr. Atul Nanda, Standing

Counsel for Union of India. Copy of this judgment be also

sent to Mr. S. Sundar, Chairman, Expert Committee

constituted by the Ministry of Road Transport and Highways

for considering the aforesaid suggestions.

17. List for further directions on 16th December, 2009.

J.R. MIDHA, J DECEMBER 03, 2009 mk