UNITED INDIA INSURANCE CO. LTD. Vs. POONAM ARORA

JUDGEMENT

(1.) THE present order will dispose of two appeals bearing Nos. 1366 and 1367 of 2006 arising out of the common award dated 23.11.2005 passed by the Motor Accident Claims Tribunal, Patiala in M.A.C.T. Case Nos. 17T dated 18.10.2002/7.6.2004 and 18T dated 18.10.2002/7.6.2004.

(2.) IN an accident which is alleged to have taken place on 18.6.2001 the Tribunal awarded a sum of Rs. 75,000/- each to both the claimants separately.

(3.) WE have heard the learned counsel for the appellant and have perused the award. The onus to establish the breach of condition of policy on account of the driver not having a valid driving licence rests solely upon the insurance company. Since the company denies its liability on the ground of breach of policy, the onus has to be discharged with great circumspection so as to conclusively establish the breach which is alleged. It cannot leave gaping holes and expect the Court to draw inference.