HANUMAN AND ANR. Vs. BALA AND ANR.

JUDGEMENT

(1.) THIS is an appeal under Sec. 173 of the M.V. Act against the judgment and award dt. 6.7.2005 passed by the Motor Accident Claims Tribunal, Gulabpura, District Bhilwara vide which the appellant has been held liable for reimbursement of the award to the insurance company and the insurance company has been exonerated. On the basis of pleadings of the parties, five issues were framed by the Tribunal. One of the issues was issue no. 5 which reads as under: - -

(2.) THUS , the issue No. 5 was with respect to driving licence. The said issue was decided against the appellant and in favour of the insurance company. It was decided on the ground that the appellant owner failed to place on record the driving licence.

(3.) THE last argument raised by the learned counsel for the appellant is that at the time of mishap, the tractor was not in motion and therefore, requirement of the licence when the accident took place, does not arise. Reliance was placed on the judgment rendered by the Division Bench of this Court in the case of National Insurance Co. Ltd. vs. Yogesh & Ors., : 2010 (3) CDR 1410 (Raj.) to submit that the appellant is under no obligation to furnish evidence to enable the insurance company to wriggle out its liability and that in absence of the insurance company proving the same, the liability was of the insurance company.