Bajaj Allianz General Insurance ... vs Ms. Vanshika Madan & Ors.
2010 Latest Caselaw 2223 Del

                * IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                        Date of Order: 27th April, 2010

MAC. Appeal No. 272/2010
%                                                                           27.4.2010

        Bajaj Allianz General Insurance Co. Ltd.     ... Appellant
                           Through: Mr. Atul Nanda, Advocate &
                           Ms. Rameeza & Ms. Sugandha, Advocates

                 Versus


        Ms. Vanshika Madan & Ors.                              ... Respondents


JUSTICE SHIV NARAYAN DHINGRA

1. Whether reporters of local papers may be allowed to see the judgment?

2. To be referred to the reporter or not?

3. Whether judgment should be reported in Digest?

JUDGMENT (Oral)

This appeal has been preferred by the Insurance Company against an

award dated 8.1.2010. The ground taken in the appeal is that the learned Tribunal

failed to take into consideration the license verification report which bears

endorsement of District Transport Officer. This was a public document within Section

74/81 of the Indian Evidence Act and the Court could not have ignored it. It is

submitted that as per license verification report the license held by the driver was not

a valid license and therefore the liability of the Insurance Company to pay

compensation was wrongly fixed by the Tribunal. In any case the Insurance

Company should have been given a right to recover amount from the owner.

2. A perusal of the award would show that the plea of driving license

verification report was taken before the trial Court and the trial Court made following

observations:

I have perused the record and have also scrutinized the evidence that was adduced on behalf of R-2 in support of their contention. Thrust of the arguments extended on behalf of R-2, was upon an alleged driving license verification report which was procured by the surveyor Sh. Sukhvinder Singh Notra from DTO, Hoshiapur which he had appended along with his investigation report and submitted it with the insurance company. It is to be taken note, that the surveyor, who as per R2W1, Senior Executive (Legal) from the insurance company, was still on the panel of the insurance company, did not enter the witness box, to prove his report. It is also to be noted that admittedly neither the application nor the fee slip for procuring the verification report from the concerned authority, had been filed on record and, therefore driving license verification report in itself has not been proved. Even otherwise, this secondary evidence becomes immaterial in the wake of the testimony of R2W2, Shri Beant Singh, the concerned Clerk from DTO, Hoshiapur, Punjab who himself entered the witness box and testified that the driving license of R-1 bearing no. 13051REN/30/01/07 was renewed on 30.01.07 and was valid upto 29.01.10 for diving scooter/LMV/HTV. It was also deposed by him that the said driving license had been renewed against the driving license bearing no. 11815REN on 27.01.04 in the name of R1 Sh. Surinder Singh S/o Sh. Sarwan Singh which was valid from 27.01.04 to 26.01.07 and this license in turn was renewed against the driving license bearing no. 7382/R/01/02 but the record of which had not been summoned. As per R2W2, the license bearing no. 13051REN, 30/01/07 was valid on the date of accident.

It is to be noted that the purported driving license verification report which was allegedly procured by the investigator from the DTO, Hoshiapur, was not put to the said witness as regards its genuineness.

The perusal of the record further reveals that vide the application which was moved on behalf of R-2 for summoning the said witness from DTO, Hoshiapur Punjab, the only record asked for was the record of the driving license bearing no. 13051REN of Sh. Surender Singh, S/o Sh. Sarwan Singh which was valid for the period 30.01.07 to 29.01.10. Even after the witness entered the witness box and produced the record of the previous driving licenses of R-1 on the basis of which the existing and valid driving license was issued, the Counsel for R-2 did not press for the witness being asked to bring any further record from the authority. Therefore, from the testimony of R2W2, it is established that the present license of R-1 was the valid license on the date of accident having been renewed on the basis of his previous license bearing no. 11815REN which was rendered on the basis of driving license bearing no. 7382/R/01/02.

3. It is apparent that the plea taken by the appellant that the driving

license was fake, was rightly rejected by the trial Court. It is also not true that a

driving license verification report obtained by an investigator of the appellant has to

be treated as a public document. Section 74 of the Indian Evidence Act reads as

under:

74. Public documents - The following documents are Public documents-

(i) Documents forming the acts, or records of the acts

(a) Of the sovereign authority,

(ii) Of Official bodies and the Tribunals, and

(iii) Of public officers, legislative, judicial and executive, of any part of India or of the Commonwealth, or of a foreign country.

1. Public records kept in any State of private documents.

4. It is clear from perusal of above Section that an unproved verification

report obtained from a department by a private person cannot be treated as a public

document and such a verification report has to be proved like any other document. I

find no force in this appeal. The appeal is liable to be dismissed and is hereby

dismissed.

April 27, 2010                                  SHIV NARAYAN DHINGRA, J.
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