Rupi Devi and others v. National Insurance Company Limited

On the other hand, learned counsel for respondents No.3 to 6 supported the award passed by the learned Tribunal below and contended that the liability cannot be fastened on respondents No.3 to 6 as the driving licence of deceased Om Prakash was lost in Palchan Khad at the scene of the accident. He further contended that the vehicle in question was not overloaded at the time of the accident.

11. I have heard the learned Senior Counsel for the appellant as well as learned counsel for the petitioners (respondents No.1 and 2 herein) and learned counsel for respondents No.3 to 6 and also carefully examined the entire record.

12. The first question, which arises for consideration before this Court, is as to whether the vehicle was overloaded at the time of the accident in question. Perusal of Registration Certificate (RC) of the offending vehicle Ext.R-5, reveals that the class of vehicle was LMV (Car) and its seating capacity was ‘5’. As per case of the petitioners, on the intervening night of

31.12.2011/01.01.2012, while deceased Harbans Lal alongwith four other persons was enjoying new year celebration on the side of the road at Rangcha Nalla curve near Bathad, then at about 7 ( 2026:HHC:22766 ) 12:15 AM the vehicle in question reached there and due to rash and negligent driving, the driver of the vehicle lost control over the same, as a result of which, it hit the deceased and other four persons and thereafter it fell down the road in Palchan Khad. The deceased alongwith other persons also fell down the road and they were found scattered on the bank of the Khad. In the said accident, the deceased sustained multiple grievous injuries on his head and other parts of the body and died on the spot. In the reply filed on behalf of respondents No.3 to 6, it has been admitted that on the relevant date, the three persons, namely, Tanu alias Sat Pal, Hira Lal and Dola Ram, boarded the offending vehicle, which was being driven by deceased Om Prakash.. Petitioner No.2- Parikasha, while appearing in the witness-box as PW-4, tendered in evidence her affidavit Ext.PW4/A, wherein she stated that on the intervening night of 31.12.2011/01.01.2012, the deceased alongwith four other persons was enjoying 31st December, 2011, by sitting and dancing on the side of the road at Rangcha Nalla curve near Bathad. She further stated that at about 12:15 AM, an Alto Car bearing registration No. HP-49A-0717 reached there and due to rash and negligent driving, its driver lost control over the vehicle, as a result of which, it hit the deceased and other persons 8 ( 2026:HHC:22766 ) sitting there and thereafter it fell down the road in Palchan Khad. The deceased alongwith other four persons also fell down the road and they were found scattered on the bank of the Khad. In the said accident, the deceased sustained multiple grievous injuries on his head and other parts of the body and died on the spot.

13. Perusal of the record reveals that there was no eye witness to the accident in question. It is the insurance company, who has taken the plea that the offending vehicle was overloaded, as such, the onus was upon the insurance company to have led the positive evidence that at the time of the accident, the vehicle in question was overloaded. However, no evidence has been led by the insurance company in order to prove that the vehicle was overloaded at the time of the accident. Even nothing has come in the FIR Ext.PW2/A as well as in the statement of complainant Rakesh Kumar Ext.RW-3/A, recorded under Section 154 of Cr.P.C. to the effect that at the time of accident, nine persons were sitting in the offending vehicle, rather complainant Rakesh Kumar, who lodged the FIR, stated that he saw the offending vehicle only when it was rolling down to Khad from the road and when he alongwith other villagers reached the spot, the dead bodies of 9 ( 2026:HHC:22766 ) Harbans Lal, Hira Lal, Dile Ram, Teja Singh, Khem Chand, Beli Ram, Tanu and Om Prakash, driver and owner of offending vehicle, were found lying on the spot and Dola Ram was found in an injured condition who was taken to the hospital. Not only this, it has come in the statement of PW-3 Raghubir Singh that five boys, who were standing on the road, were also knocked down by the offending vehicle and the vehicle alongwith said boys had fallen down in a Khad and thereby caused their death. He further deposed that he did not know how many persons were sitting inside the vehicle. He specifically denied that suggestion that no person was standing on the road when the accident took place. Therefore, in view of the entire evidence on record, it has been proved that on the relevant date, while deceased Harbans Lal alongwith four other persons was enjoying new year celebration on the side of the road at Rangcha Nalla curve near Bathad, due to the rash and negligent driving of the vehicle in question by its driver Om Prakash, it hit the deceased and other four persons, as a result of which, the deceased alongwith other persons fell down the road and died on the spot. Hence, the contention of learned Senior Counsel that at the time of the accident in question, the vehicle was overloaded, cannot be accepted. 10 ( 2026:HHC:22766 )

14. Now the next question, which arises for consideration, is whether the driver of the offending vehicle was not having any driving licence. It is admitted case of the parties that predecessor- in-interest of respondents No.3 to 6, namely Om Prakash, was driving the vehicle in question, who happened to be owner of the vehicle. As per case of respondents No.3 to 6, Om Prakash was having a valid and effective driving licence, but the same was lost in Palchan Khad at the scene of accident.

15. As per Section 130 of MV Act, the driver of a Motor Vehicle in public place shall, on demand by any police officer in uniform, has to produce his license for examination. By this provision of Section 130 of MV Act, the driver has to keep the license with him while driving the vehicle. Therefore, it does not leave any manner of doubt that deceased Om Prakash had kept his licence with him at the time of the accident. RW-1 Dolma Devi, who was wife of Om Prakash, deposed that her husband was possessing a valid driving licence at the time of accident which was lost in the accident when his dead body was found naked in the Khad after the accident. RW-2 Nikka Bharti categorically deposed that earlier Om Prakash used to drive his vehicle (Mohindra Commander) bearing registration No.HP-49-0090, who 11 ( 2026:HHC:22766 ) at that time was having a valid driving licence. Therefore, the onus was upon the insurance company to prove that the driver of the offending vehicle was not holding a valid and effective driving licence at the time of the accident.

16. Learned Senior Counsel for the appellant-insurance company vehemently contended that the insurance company had obtained report Ext. R-6 from the Registering and Licensing Authority (RLA) Banjar, District Kullu, HP under Right to Information Act, wherein it has been stated that no driving licence has been issued in the name of Shri Om Prakash, resident of Bathad. However, no reliance can be placed upon the report Ext. R-6 as the same has not been proved in accordance with law. It was incumbent upon the appellant-insurance company to have summoned the record from RLA, Banjar and also to have summoned the official, who had given the aforesaid information/ report Ext.R-6. However, for the reasons best known to the appellant/ insurance company, no official from RLA, Banjar was examined by the insurance company. It is settled law that mere marking of a document as an exhibit does not dispense with its proof. Since Ext. R-6 has not been proved in accordance with law, no reliance can be placed upon it. As it was the case of LRs 12 ( 2026:HHC:22766 ) of owner-cum-driver of the offending vehicle that the driving licence was lost at the scene of accident in question, therefore, the insurance company should have issued notice to them to produce driving licence, however, admittedly, no such notice was issued to them. By mere production of certificate Ext.R-6, from the Registering and Licensing Authority (RLA) Banjar, in the absence of its valid proof, it can not be inferred that the driver was not possessing a valid and effective driving licence at the time of the accident. The insurance company has failed to discharge its onus to prove that deceased Om Prakash was not having a valid and effective driving licence at the time of the accident in question.

18. No other point was urged before me. Therefore, in view of the above discussion, no interference is required in the impugned award dated 03.09.2014, passed by the learned Motor Accident Claims Tribunal-II, Kullu District Kullu, HP. Consequently, the instant appeal, being devoid of merits, deserves dismissal and is accordingly dismissed. Pending application(s), if any, shall also stand disposed of. June 17, 2026 (V. Himalvi) ( Sushil Kukreja ) Judge