Verification Reports of Invalid Driving Licenses Without Examining the Investigator or Licensing Authority Lack Evidentiary Value

On July 24, 2016, the deceased (Jigneshbhai) was riding a motorcycle when he was struck by a speeding container truck (NL-01-N-0582), resulting in his death.

The claimants sought compensation of ₹42,36,750.

The Motor Accident Claims Tribunal (MACT), Rajpipla, awarded ₹8,42,800 with 9% interest, holding the truck driver, owner, and the Appellant (Insurer) jointly and severally liable.

The Appellant challenged this award, contending that the truck driver did not possess a valid driving license at the time of the accident, citing verification reports from Nagaland.

1. Whether the Appellant-Insurance Company successfully established that the driver of the offending vehicle lacked a valid driving license to be exonerated from liability.

2. Whether the Tribunal’s judgment holding the Insurer liable despite the submission of License Verification Reports was legally sustainable.

In motor accident claim cases, the burden lies heavily on the Insurance Company to prove that there was a willful or conscious breach of policy conditions, such as the lack of a valid license.

Mere submission of documentary evidence like a Verification Report is insufficient unless the same is proved through the testimony of competent witnesses such as the Investigating Officer or an official from the concerned Licensing Authority.

The court evaluated the Appellant’s defense based on Exhibits 94 and 95 (License Verification Reports from Nagaland), which suggested the license was not genuine.

The court observed that the Appellant failed to examine the Investigating Officer, Mr. Ashok Kr. Dutta, who procured the reports, or any official from the District Transport Office, Tuensang.

Applying the law of evidence, the court reasoned that in the absence of oral testimony to authenticate these documents, there was no "cogent evidence" to prove the defense of an invalid license. Consequently, the Appellant failed to discharge its burden of proof to successfully shift liability onto the owner or driver.

The High Court dismissed the appeal and upheld the Tribunal's award.

The Court directed the Tribunal to disburse the entire awarded amount to the claimants and ordered the transmission of any deposited statutory amounts to the concerned Tribunal.