NATIONAL INSURANCE CO. LTD. Vs. MUNAKA DEVI

JUDGEMENT

(1.) The instant Misc. Appeal has been directed against the award dtd. 25/7/2009 passed in Compensation Case No.29 of 2005 by the learned Addl. District Judge-cum-Motor Vehicle Accident Claim Tribunal, West Singhbhum at Chaibasa whereby the learned Tribunal had ordered the amount of Rs.3,40,500.00 as a compensation awarded to the claimant No.1 which was to be paid by the O.P.No.3- the National Insurance Co. Ltd., Chaibasa with interest thereon 6% p.a. from the date of filing the application till realization of the said amount.

(2.) The instant appeal has been directed by the Insurance Company against the impugned award aggrieved from the liability which has been fastened upon Insurance Company to pay the amount of compensation in the award on the grounds that though in the written statement the owner of the vehicle had taken this plea that the offending vehicle was insured by the Appellant-Insurance Company and it was being driven with a valid registration certificate and driving licence yet on behalf of the owner or driver of the vehicle no driving licence of the offending vehicle was produced and the learned Tribunal had shifted the burden of proof wrongly upon the Insurance Company to prove the breach of the policy that the driver of the offending vehicle was not having a valid and effective driving licence and in spite of directing the owner to pay the compensation had saddled the appellant with the liability to pay compensation on the very ground that the offending vehicle was insured by the Appellant-Insurance Company.

(3.) For disposal of this Misc. Appeal, the following point of determination is being framed: Whether the driver of the offending vehicle was having a valid or effective driving licence at the time of the motor accident ? if not its effect.