RAJENDRA PRASAD Vs. DHANKANWAR

JUDGEMENT

(1.) This is an appeal by the owner of a Motor Vehicle involved in an accident claim case. Respondents Nos. 1 to 4 are the legal representatives of late Kesar Singh who died in an accident and respondent No. 5 is a Insurance Company. The Motor Accident Claims Tribunal felt that the accident occurred due to negligence of Shanker Lal who was driving the bus at the time of the accident. The claim against the appellant to the tune of Rs. 1,32,000/- was awarded but the Insurance Company was absolved holding that the vehicle was being driven by an unlicensed unauthorised person at the time of the accident in violation of the terms of the contract of Insurance.

(2.) Aggrieved by this Award, the appellant has filed this appeal.

(3.) The main contentions raised by the Shri B.L. Maheshwari, learned counsel for the appellant, are that the Tribunal had taken into consideration certain material which was not legal evidence and therefore the findings of the Tribunal were vitiated, that the burden of proof about the vehicle being driven by unlicensed Driver was on the Insurance Company but the Tribunal absolved the Insurance Company even though it had not led any evidence in the case.