Disposed

Ashok Kumar Gupta v. Smt. Usha and Others

Allahabad HC8 Aug 2019FAFO/1908/2001

Case brief

AI extract

What is this about?

The Court disposed of an appeal challenging Tribunal findings that the appellant owned a vehicle with a fake driving licence. The Court directed the appellant to file documents and lead evidence to prove the licence's validity or satisfy the recovery court regarding potential knowledge of fraud, and ordered the previous stay be vacated for proceedings to continue.

What did the court decide?

Disposed; Appellant directed to file documents and lead evidence to show validity of driving licence or absence of fraud; stay of 2002 to be vacated for proceedings to continue.

Ashok Kumar Gupta Vs Smt. Usha and Others — Contract and Commercial Disputes | Allahabad HC (2019)

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Court No. - 33

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Case :- FIRST APPEAL FROM ORDER No.1908 of 2001

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Appellant :- Ashok Kumar Gupta Respondent :- Smt. Usha And Others Counsel for Appellant :- R.K. Purwar,K.L. Grover,Ramesh Singh Counsel for Respondent :- A.K. Sinha,Arvind Kumar

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Hon'ble Dr. Kaushal Jayendra Thaker,J.

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Heard Sri R.K. Porwal for the appellant and Sri A.K. Sinha and Sri Arvind Kumar appearing for the respondent - Insurance Company. None appears for the claimants.

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By way of this appeal, the appellant - original owner has brought into challenge the findings of the Tribunal that the owner from the beginning knew that driving licence was a fake driving licence and has heavily relied on the following judgments:-

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(I) Ram Chandra Singh Vs. Rajaram and others, (2018) 8 SCC 799; and

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(II) Pepsu Road Transport Corporation Vs. National Insurance Company, 2013 (4) TAC 16 (SC).

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As against this, Sri Sinha appearing for the Oriental Insurance Company vehemently submitted that the liability could not be ever fasten on the Insurance company and has submitted that stay granted by this Court in the year 2002 requires to be vacated.

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The fact that the owner or the Insurance company could not produced any driving licence, the Tribunal has come to the conclusion that the owner was aware and Sri Sinha has relied on judgment of the Apex Court in Pappu and others Vs. Vinod Kumar Lamba and another, AIR 2018 SC 592 , and has submitted that it was the bounden duty of the owner or the Insurance company to have

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stepped into witness box.

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As against this, as there was a head on collision, the cleaner – Shyam Singh, who was employed by the appellant, met his fate. The driver of Mini Truck, according to the appellant, has valid driving licence which was renewed by the competent authority and the verification done by RTO cannot be the basis of holding the appellant liable and that holding that there were breach of policy conditions.

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In light of all these factual dispute, the best course open would now be as the appellant nor the driver has appeared before the Tribunal where the recovery was kept pending and is pending since 2002 i.e. the date of the order, proceeding shall go on from the stage where it has been stayed by this Court. The appellant herein shall file all documents and lead evidence to show that either the licence was a valid driving licence and the recovery rights could not have been granted or that the appellant satisfies the recovery court namely the executing court or the executing court after hearing all the parties that the owner was aware about the fraud of licence may pass judicial order to the said effect.

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With these observations, this appeal is disposed of.

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This Court is thankful to Sri R.K. Porwal and Sri A.K. Sinha and Sri Arvind Kumar appearing for Insurance Company.

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Order Date :- 8.8.2019 Irshad

Ashok Kumar Gupta v. Smt. Usha and Others

Case brief

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Ashok Kumar Gupta v. Smt. Usha and Others

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