S.S Sodhi, J.:— Did Baldev Singh, the driver of the offending motor cycle PUR 3077 held a valid driving licence at the time of the accident, rendering the Insurance Company liable for the compensation awarded? Herein lies the controversy in appeal.
2. On July 7, 1975, at about 8 P.M Baldev Singh by his rash and negligent driving of the motor cycle PUR 3077 caused injuries to Balwant Singh, as a result of which he later died and also to Raj Kaur and Manwinderjit Singh, which were, however, simple in nature. This happened on the main road in Sector 23.
3. The Tribunal, after holding Baldev Singh guilty of negligence awarded Rs. 38,400/- as compensation to the widow and children of Balwant Singh deceased and Rs. 1000/- each to Raj Kaur and Manwinderjit Singh, for the injuries suffered by them.
4. The matter with regard to the liability of the Insurance Company hinges upon the learner's licence Exhibit R.1 in favour of Baldev Singh who had caused this accident. It deserves mention at the very outsiet that this licence, purports to have been issued on the very day of the accident, namely, July 7, 1975. Grave doubts with the regard to its genuineness as also the date of issue thereof were expressed by Mr. L.M Suri, appearing for the respondent—Insurance Company. A reference to the Learner's Driving permit Book, which contains the carbon copies of the learner's licences issued would show that the corbon copy in respect of the learner's licence Exhibit R.1 is at S. No. 1040, This is Exhibit R.X It will be seen that it can very clearly be made out that this paper was subsequently pasted in this book. The Licencing Clerk Gurmukh Singh, when he appeared in the witness-box, could give no explanation for this. This is the only permit in the book which has been so pasted Further, at the bottom of permits in this book is the number of the Government Press, Chandigarh. This number being “8539 DM(UTC) Govt. Press, Chd”. Where ever this number has occurred from S. Nos. 1018 to 1066, the first figure “8” has been printed a little lower than the other numbers “538” is in a straight line. In other words, its printing is quite different and distinct from that on the other forms leading to the irresistible conclusion coupled with this from being the only one pasted in this book, that this form was torn out from some other permit book and Pasted here.
5. Further it will be seen that Exhibit R.X purports to be a carbon copy of the learner's licence Exhibit R.1, in Exhibit R.1, all the writing is on the margin where as in Exhibit R.X all the writing outs the lines. Not only this the widths of the relevant columns in Exhibit R.1 and R.X do not match. Such being the state of the evidence on record, there can be no escape from the conclusion that the licence Exhibit R.1 was subsequently procured with a view to avoid liability both upon the owner and the driver of the offending motor cycle. This being so, there is clearly no warrant for fastening any liability upon the Insurance Company.
6. This appeal is accordingly hereby dismissed with costs. Counsel's fee Rs. 500/-
R.M.S
Appeal dismissed.