BAIJ NATH CHOUDHARY Vs. SARDAR AVTAR SINGH

JUDGEMENT

(1.) This appeal, at the behest of Baij Nath Choudhary, challenges the judgment and award dated 31.5.1995 passed by Motor Accident Claims Tribunal/XIII Additional District Judge, Varanasi (hereinafter referred to as 'Tribunal') in Claim Petition No.157 of 1993 awarding a sum of Rs.87,000/- with 12% rate of interest.

(2.) Brief facts as they emerges go to show that the deceased who was a video operator 22 years of age when he went to Mugalsarai for purchasing goods and on his return a gas tanker bearing No.NLM-5655 dashed him from behind and he died on the spot. The Owner of the gas tanker did not appear in the Court. The Tribunal held that the insurance company would not be liable. though the insurance policy was vogued and there was a valid driving licence. The x-erox copy of the licence and the policy was produced. The photocopy of the insurance policy was also filed by the claimant. The driving licence was also produced but it was objected to by the insurance company.

(3.) This appeal at the behest of claimant requires to be allowed as the vehicle was insured in the year of accident. In view of the judgment of Apex Court in National Insurance Company Ltd. Vs. Jugal Kishore, AIR 1988 SC 719 it was the duty of the insurance company to rebut and or lead evidence so as to prove that the vehicle was not insured with it and that the driver's licnece was a fake driving licence and licence proved that the driver was authorized to drive the vehicle from 17.3.1985 to 9.12.1994 which covers the period of accident namely 21.7.1993.