Submission 1

A Submission on Behalf of Respondents in Appeals filed by Oriental Insurance Company on the Ground of Driving Licence

It is most humbly submitted that the law regarding driving licence has already been clarified by 3 Judges' Bench of Hon'ble Supreme Court even before the year 2008 and all the Judgments of Hon'ble Supreme Court are available in public domain accessible to everyone. Law laid down by Hon'ble Supreme Court is binding on everyone under A.141 of Constitution of India. The appellant- insurance Company has full knowledge of the law laid down by Hon'ble Supreme Court on the issue of driving licence and yet the Company has filed this appeal which has no merit in view of Judgment of Hon'ble Supreme Court. Further, the submission that appeal is filed in view of Company's internal circular even though the Circular is contrary to the Judgment of Hon'ble Supreme Court is open contemptuous submission of the appellant Company. 

It is most humbly submitted that since the appellant-Company was well aware of Judgment of Hon'ble Supreme Court on the issue of driving licence and ignorance of law cannot be an excuse and further that A.141 is binding on the appellant- insurance Company as well as its employees, therefore, the appeal filed by appellant- Company in contravention of law laid down by Hon'ble Supreme Court on the issue of driving licence deserves to be dismissed with imposition of costs of not less than Rs. 1 lacs in terms of law laid down in Assistant Director, ED v Kamal Ahsan [2022] GCtR 1550 (SC). 

It is most humbly submitted that in order to maintain respect of law and to ensure that in future the employees of this appellant- Company do not file such luxury litigations, it is humbly submitted that the costs of not less than Rs. 1 lacs ought to be imposed and in view of law laid down in Assistant Director, ED v Kamal Ahsan [2022] GCtR 1550 (SC) such costs should be directed to be paid within 4 weeks before Hon'ble Supreme Court which should be recovered from the salary/pension of the concerned employee of appellant- Company who had granted the approval to file the instant appeal.