The Oriental Insurance Co. Ltd v. Rishi Chhabra and Others

Court No. - 2 Case :- FIRST APPEAL FROM ORDER No. - 860 of 2006 Appellant :- The Oriental Insurance Co. Ltd. Respondent :- Rishi Chhabra And Others Counsel for Appellant :- S.C. Srivastava Counsel for Respondent :- Mohd. Naushad Siddiqui,Shreesh Srivastava Hon'ble Saral Srivastava,J.

¶1Heard learned counsel for the appellant and learned counsel for the respondents.

¶2The present appeal has been preferred by the appellant-insurance company challenging the award dated 28.01.2006 passed by the Motor Accident Claims Tribunal/A.D.J., Kanpur Nagar, Court No.1 (hereinafter referred to as 'Tribunal') in M.A.C.P. No.761 of 2003.

¶3Challenging the aforesaid award, learned counsel for the appellant has contended that the finding of the Tribunal that the 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 was 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 obtain the driving licence and get it verified. 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 :- 30.10.2023 R.S. Tiwari High Court of Judicature at Allahabad