PROCEDURE TO BE FOLLOWED IN CASES WHERE NO DL IS AVAILABLE ON RECORD OR IF THE SAME IS NOT PRODUCED BY INSURED OR DRIVER In all cases this

defense should be taken in the written statement. In all cases in which driving license is not available on record and if the owner and or driver do not produce any copy of DL or even the number of DL on record following procedure shall be followed: Issue a specific letter to Driver & Insured demanding to produce the copy of DL to us & also direct him to produce the same copy before the court. The said letter or letters shall be send by RPAD & UPC both and the counter acknowledgement in original shall be kept in office file so as to be produced by us before the court. The Xerox copy of letter, RPAD / UPC receipt & acknowledgement of the same shall be handed over to Advocate to take proper steps by filing the same in Court, and one copy shall be forwarded to HO. Our dealing Advocate shall be directed to issue same letter to the Driver & Insured on the letter head of the Advocate demanding from Driver & Insured to produce before him & also in court the copy of DL. The said letter or letters shall be send by RPAD & UPC both and the counter acknowledgement in original shall be kept in office file of our Advocate so as to be produced by him before the court. The Xerox copy of letter, RPAD / UPC receipt & acknowledge of the same shall be hand over to us by Advocate & Advocate shall take proper steps into the matter by filing the same documents before the court, and one copy shall be forwarded to HO.

Our dealing Advocate shall be directed to file separate Application before the Court & order from the court shall be obtained against the Driver & Insured directing them through the Court for production of DL of Driver on record. The prayer should be there in application that if Driver & Insured failed to produce the DL then adverse inference should be drawn. The copy of the said application shall be kept with our office & one copy shall be forwarded to HO. In WS the stand of insured entrusted vehicle to a person who did not hold a valid driving license and insured knowingly & intentionally committed breach of terms & conditions of policy. Willfulness of Insured and / or that the driver have NO DL is within the knowledge of Insured shall be taken. Plea under Section 170 shall be taken in WS. WS shall be forwarded to HO for approval. At the time of evidence separate application must be made under section 170 and a reasoned order must be obtained by advocate from the Court before cross examining the witnesses. Before hearing all the original letters, RPAD / UPC receipts & acknowledgements of the same in original shall be produced before the court along with the case law of National Insurance Co. Ltd. V/s. Brij Pal Singh and other (2003 ACJ 1274) so as to help in drawing adverse inference against insured/driver that there is no valid and effective DL at the time of accident and insurance company should be exonerated from the liability and award should be passed only against the insured/driver. Case law in Sarla Dixit v/s Balwant Yadav (SC) 1996 SOL Case No. 418 is material where liability is saddled on to
insured/driver. If Court insists that order shall be passed against insurance company also ( Joint and several with insured & driver) then we must ensure that recovery order is passed in the same judgement so that we can insist for security from insured before the amount is disbursed to the claimants and if necessary the vehicle should be attached and instructions should go from Court to RTO for not to transfer the vehicle till amount of award is recovered. Pramod Kumar Agrawal and others v/s Mushtari Begum and others 2004 (3) TAC 289 ( SC) Invariably we should insist on advocates that a written note of arguments is filed before Court so that if cognizance of case laws quoted is not taken care of in the judgement then it is easier to go in appeal and chances of success are more.

Our Officer / executive shall be called in witness box and policy shall be exhibited & DL clause shall be taken in deposition. This is must to ensure that liability goes on the insured/driver.