BAJAJ ALLIANZ GENERAL INSURANCE CO LTD Vs. BALU

JUDGEMENT

(1.) These two appeals are filed against the judgment and award dated 31.08.2013 passed by the MACT-XII, Bijapur in MVC No.542/2012. The insurer filed appeal for setting aside the impugned judgment and award and the claimant filed appeal seeking enhancement of compensation.

(2.) The insurer filed appeal contending that the Tribunal has erred in fastening the liability on the insurance company. The insurer has taken a specific ground in the statement of objections and also in the evidence of RW.1 that the driver was not holding a valid and effective driving licence. However, the owner and driver failed to appear before the Tribunal and failed to produce the driving licence. The insurance company has proved that the driver of the offending vehicle was not holding a valid and effective driving licence.

(3.) The learned counsel for the claimant contended that the burden of proving of non-possessing of valid driving licence is on the insurance company, which it has not discharged. Mere taking a ground in the objections or in the evidence of insurance company is not sufficient in view of the decision of the Honourable Supreme Court in the case of Rukmani and Others Vs. New India Assurance Co. Ltd., & Others, 1999 ACJ 171.