DINESH KUMAR Vs. TRISHLA DEVI AND ORS.

JUDGEMENT

(1.) SUBJECT matter of this appeal is the judgment and award dated 1.2.2008, made by the Motor Accident Claims Tribunal, Fast Track Court, Una, District Una, for short "the Tribunal" in MAC Petition No. 4/2004 RBT 45/05/04, titled Trishla Devi versus Dinesh Kumar and another, whereby compensation to the tune of Rs. 1 lac came to be awarded in favour of the claimant and owner/insured was saddled with the liability, hereinafter referred to as "the impugned award", for short.

(2.) CLAIMANT , driver and insurer have not questioned the impugned award on any ground, thus it has attained finality so far it relates to them. Thus, the only question to be determined in this appeal is whether the Tribunal has rightly exonerated the insurer from the liability? The answer is in negative for the following reasons.

(3.) IT was for the insure to lead evidence to prove that the driver was not having a valid and effective driving licence, has not led any evidence to prove issue No. 4. I wonder how the Tribunal has discharged the insurer from the liability. The Tribunal has made discussion in para 14 of the impugned award, which is without logic and has based his finding on conjectures.