UNITED INDIA INSURANCE CO LTD Vs. BHAGAT SINGH

JUDGEMENT

(1.) These appeals (F.A.O. Nos. 49 and 51 of 2001) are filed by the insurance company challenging the awards passed by the Motor Accidents Claims Tribunal in two different M.A.C.T. cases arising out of the same accident.

(2.) The appellant insurance company had raised a plea that the driving licence of the driver of the vehicle was fake. The Tribunal has not accepted the plea and awards have been passed against the appellant insurance company also and hence, these appeals have been filed.

(3.) Learned counsel for the appellant has argued that the Tribunal was in error in holding that the licence was not proved to be fake. It may be stated that it is for the insurance company to prove that the driver was not holding a valid driving licence. Reliance can be placed on a judgment of the Supreme Court in the case of NarcinvaV. Kamat v. Alfredo Antonio Doe Martins, 1985 ACJ 397 (SC).