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