SRINAGAR: The Jammu Kashmir and Ladakh High Court has dismissed two appeals filed by National Insurance Company challenging compensation awards totalling Rs 26.74 lakh arising from a 2015 road accident, holding that the offending driver possessed a genuine and valid driving licence at the time of the accident.
Justice Sanjay Dhar, in a judgment pronounced on September 28, 2026, held that although the driver, Mukhter Hussain, was found to be in possession of a fake driving licence issued in another person’s name, he also possessed a second licence issued by the ARTO, Doda, which was verified as genuine and was valid for the relevant period.
The court therefore found no violation of the insurance policy conditions and upheld the liability of National Insurance Company to satisfy the two compensation awards.
The two appeals arose from the same road accident, which occurred on January 21, 2015, at around 8:15 pm. A van bearing registration number JK02AL-9833, travelling from Vijaypur to Jakh, was hit by a truck bearing registration number JK02E-7593, allegedly driven rashly and negligently by Hussain.
The accident resulted in the death of Anil Kumar, who was travelling in the van, as well as the death of the van’s driver, Rakesh Kumar.
The parents of Anil Kumar subsequently filed a claim petition before the Motor Accidents Claims Tribunal, Jammu. The dependants of Rakesh Kumar, including his parents, wife and minor son, filed another claim petition before the Motor Accidents Claims Tribunal, Samba.
The Jammu Tribunal, through its award dated March 23, 2022, awarded Rs 13.19 lakh with interest at 7.5 per cent per annum to the claimants of Anil Kumar. The Samba Tribunal, through its award dated August 28, 2020, awarded Rs 13.55 lakh with interest at seven per cent per annum to the dependants of Rakesh Kumar.
National Insurance Company challenged both awards, arguing that Hussain did not possess a valid and effective driving licence when the accident occurred and that the insurer should therefore not be held liable to indemnify the insured.
Before both Tribunals, the insurer examined Abdul Latief Naik, a record keeper in the office of the ARTO, Anantnag. He stated that driving licence number 6373/MVD/A/J, issued on December 26, 2001, was recorded in the name of Irshad Ahmad Bhat, son of Mohd Usman Bhat, a resident of Tral, Pulwama, and not Hussain.
The High Court noted, however, that Hussain had subsequently produced another driving licence before the Jammu Tribunal. The licence, numbered JK0320060006373, had been issued by the ARTO, Doda, and authorised him to drive light motor vehicles. It also carried an endorsement for transport vehicles and was valid until April 23, 2022.
The Jammu Tribunal had independently verified the second licence with the concerned licensing authority and found it to be genuine.
The High Court observed that Hussain was consequently in possession of two licences—one purportedly issued by the Anantnag licensing authority which was found to be fake, and another issued by the ARTO, Doda, which was genuine.
Justice Dhar held that the existence of the fake licence did not negate the fact that Hussain had a valid and effective driving licence at the time of the accident.
The court noted that possession of two driving licences could amount to a violation of Section 6 of the Motor Vehicles Act, for which the driver could face prosecution and punishment. However, this did not alter the finding that he possessed a valid licence when the accident took place.
The court concluded that there had been no violation of the terms and conditions of the insurance policy and found no grounds to interfere with either compensation award.
Both appeals—MAC App No. 74/2022 and MAC App No. 28/2021—were accordingly dismissed as being without merit.
