Proof of accident -- Copy of the report u/s 173 Cr.P.C. and the charge framed by the Court is available on record, which shows that respondent-driver has been charge sheeted for causing the injuries while driving the tractor in question in a rash and negligent manner – Charge-sheet establishes that pillion rider has also suffered the injuries in this very accident – Driver of the tractor has stepped into the witness box and admitted that he is facing the trial in the criminal Court for causing this accident -- He also admitted that on the date of the accident he was driving the tractor -- He has simply denied the accident and deposed that no accident has taken place with his tractor -- Bald statement of respondent-driver cannot rebut the oral as well as documentary evidence adduced by the claimants on the mode of negligence and involvement of the vehicle.

(P&H HC) Decided on: 27.04.2016

Reliance upon investigation report in FIR -- Driver of offending vehicle – Insurance Company’s liability -- Contention that Driving Licence placed on record by the owner is of one Mahesh whereas, driver of offending vehicle is Bablu -- It is the specific case of the owner of the offending vehicle that Mahesh and Bablu are one and the same person -- Driving Licence bears the photograph of the said respondent -- Father's name of Mahesh is duly mentioned as Ram Sarup in the Driving Licence -- Claim petition clearly mentioned the driver's father to be Ram Sarup -- Challan/report u/s 173 Cr.P.C. filed in FIR duly mentioned the accused as Bablu @ Mahesh son of Ram Sarup -- Insurance Company has not brought on record any evidence to negate the abovesaid -- No benefit can accrue to the Insurance Company on this count.

(P&H HC) Decided on: 06.11.2015