ORIENTAL INSURANCE CO LTD Vs. PRAKASHWATI

JUDGEMENT

(1.) This is Insurance Company's appeal against an order granting compensation to the tune of Rs. 1,02,000 only with interest @ 14% per annum. Shri Ashok Kumar, learned counsel appearing on behalf of the appellant contended that issue No. 3 had been wrongly decided, and accordingly, this appeal is fit to be admitted. Issue No. 3 reads thus : "Whether the driver of the said bus had a valid driving licence at that time?"

(2.) This issue has been discussed and answered as follows : Issue No. 3. The owner of the vehicle involved in the accident O.P. No. 1 did not appear despite sufficient service. He was the only person who was in a position to say whether the driver of the Bus had a valid driving licence at the time of accident. However, the burden lies on the Insurance Company to prove that the driver of the Bus had no valid driving licence at the time of accident. This burden has not been discharged by O. P. No. 3. I, therefore, hold that the driver of the Bus had a valid driving licence at the time of accident.

(3.) On the face of it, the argument looks attractive but on a deeper probe by us, it has no legs to stand which will appear from the following facts.