ORIENTAL INSURANCE CO.LTD. Vs. PRAMILA JHA

JUDGEMENT

(1.) MR . Bhowmick, learned counsel appearing for the appellant has urged only two points in support of his appeal; firstly that the liability of the appellant being statutory was limited to Rs. 1,50,000/ - and, therefore, the appellant should not have been burdened by any higher liability to pay the awarded amount and secondly, that the driver of the vehicle in question at the time of the accident did not have any valid driving licence.

(2.) IN so far as the second ground is concerned, this has not at all been raised in the memo of appeal. In so far as the first ground is concerned, that was indeed raised as Ground No. (x) which reads thus : - -

(3.) AS far as the issue relating to driving licence is concerned neither is there any pleading nor was any evidence led on this by the company nor was this fact proved in any manner.