The Oriental Insurance Co.Ltd v. Smt.Mithlesh Sharma and Others

Court No. - 2 Case :- FIRST APPEAL FROM ORDER No. - 517 of 1997 Appellant :- The Oriental Insurance Co.Ltd. Respondent :- Smt.Mithlesh Sharma And Others Counsel for Appellant :- S.K.Srivastava,Aijaz Ahmad Khan Counsel for Respondent :- Vivek Mishra,Govind Saran Srivastava,Lalji Sinha,Yogesh Kumar Saxena Hon'ble Saral Srivastava,J.

¶1Heard learned counsel for the appellant.

¶2The present appeal has been preferred by the appellant-insurance company challenging the award dated 13.03.1997 passed by the Motor Accident Claims Tribunal/IXth Additional District Judge, Bareilly (hereinafter referred to as 'Tribunal') in M.A.C. No.39 of 1988, whereby the Tribunal has awarded Rs.1,87,500/- along with 8% interest as compensation to the claimants/respondents.

¶3Challenging the aforesaid award, learned counsel for the appellant has contended that the finding of the Tribunal that appellant has failed to prove that the driver of the offending vehicle was not holding a valid driving licence is illegal and not sustainable in law inasmuch as no driving licence was filed by the claimant or owner on record, and in the absence of any driving licence on record, the appellant-insurance company could not verify the same. It is contended that burden to prove the driving licence of the driver of offending vehicle is upon the owner of the vehicle and once, he discharges that burden, the burden would shift upon the appellant. Accordingly, it is submitted that Tribunal should have given right of recovery to the appellant-insurance company.

¶4Be that as it may, the Apex Court in the case of National Insurance Company Ltd. Vs. Swaran Singh & Others, AIR 2004 SC 1531 has held that the burden to prove that driver of the offending vehicle was not holding a valid driving licence is upon the insurance company. The record reveals that the appellant-insurance company did not make any effort to get the driving licence verified and since, the controversy is concluded by the Apex Court in the case of Swaran Singh (supra), this Court does not find any merit in the submission of learned counsel for the appellant.

¶5Accordingly, present appeal lacks merit and is hereby dismissed with no order as to costs. Order Date :- 27.10.2023 SS High Court of Judicature at Allahabad