Hind Samachar Ltd. (Delhi Unit) vs. National Ins. Co. Ltd. & Ors. (SC)

Motor Vehicles Act, 1988–Sec. 147–Direction to Insurance Company to pay the compensation and recover it from the appellant-owner–High Court had erred in finding that there was a collusion between the employer and the employee merely for reason of the driving licence having been produced by the employer and the driver having not contested the claim–The driver would have kept himself away from the witness box for fear of incriminating himself, since a prosecution was pending against him–The owner of a vehicle employing a driver can only look at the licence produced by the person seeking employment and he is not expected to verify from the licence authority whether the licence is false or not–DL register produced from the office of DTO was full with interpolations–A colour photograph of 1st respondent was found in the register but the name was shown different–There is no possibility of a colour photograph in the year 1980–The collusion at best can be only alleged for the production of the licence and not with respect to the entrustment of vehicle–Impugned findings of High Court are liable to be set aside.