THE ORIENTAL INSURANCE COMPANY LTD. Vs. SHARAFAT

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) F.A.F.O. No. 2272 of 2010 and other connected appeals listed today, filed by the insurer, arise from an accident that occurred on 9.9.2005, involving a bus owned by Rajkumar-respondent no. 2, bearing registration no. UP12-C/5011 (hereinafter referred to as the bus). It was insured by the present appellant.

(3.) The claim petition disclosed the name of the owner as bus owner as Rajkumar. The owner of the bus entered appearance and in his written statement contended, at the time of accident, the bus was being driven by one Pravendra Kumar whose driving licence was also produced. The insurer on the other hand stated, the bus was being driven not by Pravendra Kumar but by Shakeel who did not have a valid and effective driving licence.