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Rakesh Kumar & Etc. Etc. v. United India Insurance Company Ltd. & Ors. Etc. Etc.

Civil Appeal · Neutral citation not assigned (Civil Appeal Nos. 6199-6202 of 2016)Decided 13 Jul 2016
Civil Appeal Nos. 6199-6202 of 2016
Justice J. Chelameswar · Justice Abhay Manohar Sapre

Background

A truck collided with a three-wheeler near Village Bharanpur in Haryana, killing three of its occupants (Sheo Ram, Madan Mohan, and Mohindro Devi) and causing multiple claim petitions before the Motor Accident Claims Tribunal (MACT), Ambala. The Tribunal awarded compensation and held the Insurance Company liable, finding the truck driver held a valid driving licence. On appeal, the Punjab and Haryana High Court partly reversed the Tribunal, exonerating the Insurance Company from liability while enhancing the compensation amount itself, apparently doubting the validity of the driver's licence. The claimants/vehicle owner then appealed to the Supreme Court against the exoneration of the insurer.

Decision Breakdown

The Supreme Court held that the Tribunal had correctly found that the driver of the offending truck possessed a valid driving licence at the time of the accident, since the licence (Exhibit R-1) was proved in evidence without any objection being raised by the Insurance Company at the appropriate stage. Relying on its earlier decision in Oriental Insurance Co. Ltd. v. Premlata Shukla, the Court held that once a document is admitted in evidence without objection, a party cannot object to its admissibility or mode of proof at a later stage, and in any case the Insurance Company had led no evidence to show the licence was fake or invalid. Finding that the High Court was not justified in reversing the Tribunal's well-reasoned finding on this point, the Supreme Court set aside the High Court's order to the extent it exonerated the insurer and restored the Insurance Company's liability to pay the compensation (as enhanced by the High Court), jointly and severally with the vehicle's owner and driver.

Lesson Learnt

An insurance company that fails to object to a driving licence's admissibility when it is first proved in evidence cannot later challenge it on appeal: procedural objections to evidence must be raised at the first opportunity, or they are deemed waived.

Official source (sci.gov.in)View Judgment (PDF)

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