UNITED INDIA INSURANCE COMPANY Vs. SUDHA DEVI

JUDGEMENT

(1.) THESE four appeals challenge the similar award on identical questions with respect to an accident in which different claims were lodged. Two appeals, namely, F.A.F.O. No. 290 of 2000 and F.A.F.O. No. 272 of 2001, have been filed by United India Insurance Company Ltd., whereas the remaining two appeals bearing Nos. 322 of 2000 and 321 of 2000 have been filed by the Oriental Insurance Co. Ltd. The awards are dated 25.3.2000.

(2.) WE have heard Mr. Anil Srivastava, Advocate in the appeals filed by the Oriental Insurance Co. Ltd. and Mr. Ravindra Pratap Singh for the claimant-respondents.

(3.) IN response, Mr. Ravindra Pratap Singh, learned Counsel for the claimant-respondents submitted that the burden to prove that the vehicle was not driven by a person, who has having a valid driving licence on the date of accident, rests upon the Insurance Company and in the instant case, the Insurance Company having not led any evidence to controvert the presumption about the driver of the offending vehicle of having a valid driving licence cannot challenge in appeal the finding in this regard by the Tribunal.