IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 5816-5817 OF 2008 [Arising out of SLP(C) Nos.23461-23462/2007] DINESH GUPTA ... APPELLANT(S) :VERSUS:
UNITED INDIA INSURANCE CO. LTD. ... RESPONDENT(S) O R D E R Leave granted.
Pursuant to our order dated 3.12.2007, the Licensing Officer, Department of Vehicle, Etah (U.P.) has sent a report wherein it is stated:
“Kindly refer to your Letter No. 7923/07/Sec. XIV dated 12.12.2007 in compliance of order dated 03.12.2007 of Hon'ble Supreme Court. With regard to the above it is to be informed that as per the record of the office of th Driving Licence No. 1425/Etah/2000 (Old No. 13342/Hyderabad (A.P.)/93 dated 25.12.193) is entered in the name of Shri Dhanvir Singh son of Shri Sultan Singh, resident of Hanspur, District Etah. Which has been issued by LA of Hyderabad (A.P) who is authorized for driving of LMV, HGV, HPV vehicle and the Licensing Officer, Etah did its renewal for the period of 25.12.99 to 24.12.2002. The renewal of the said licence has been done from 25.12.2002 to 24.12.2005 and from 25.12.2005 to 24.12.2008. The same is entered in office record.”
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In view of the aforementioned statement, the impugned judgment cannot be sustained. That portion of the order whereby the liability has been imposed upon the appellant is set aside and the appeals are allowed accordingly.
. J (S.B. SINHA) . J (CYRIAC JOSEPH) NEW DELHI, SEPTEMBER 22, 2008.