T.K.MUSTHAFA Vs. MOOSA

JUDGEMENT

(1.) RESPONDENTS 1 to 3 appears through counsel.

(2.) THIS appeal arises from the award dated 03.06.2011 in O.P(MV) No.1341 of 2010 of the Motor Accidents claims Tribunal, Kozhikode (for short, "the Tribunal").

(3.) LEARNED counsel for the appellant contended that in Ext.B1, copy of final report, charge against the 2nd respondent was that the 2nd respondent was only aged 14 years at the relevant time and was not having a valid licence to ride the motor cycle. Learned counsel refers to Ext.B2, copy of learner's licence to contend that as on the date of accident the 2nd respondent was holding a learner's licence. It is also submitted that after seven days of the accident, 2nd respondent was issued Annexure -B, driving licence. It is contended that none of the documents produced by the parties would show that there was no instructor on the pillion of the motor cycle at the relevant time. Learned counsel, placing reliance on the decision in National Insurance Co. Ltd. v. Swaran Singh (2004 (1) KLT 781) contended that when a plea of violation of policy condition is raised, it is for the insurer to prove the same.