New India Assurance Co. v. Deen Dayal(18)

G.M Lodha, J.:— In this appeal the only point argued by Mr. Bhargava, the learned counsel for New India Assurance Company against the award on the Motor Accident Claims Tribunal, Alwar dated 31st January, 1977 in case No. 74/1972 is that Dharamsingh driver of the truck No. RSM 591 was not holding only licence at the time of accident. Mr. Bhargava pointed out that according to the conditions of insurance policy, no liability can be against insured if the vehicle is driven by a person who is not holding a valid driving licence.

2. The relevant evidence was read before me.

3. It was not disputed that the burden of proving that Dharam Singh had no valid driving licence was on the appellant Insurance Company. It was also not disputed that there is not iota of evidence led by Insurance Company to discharge this burden and to prove that Dharam Singh had no valid driving licence.

4. The contention of Mr. Bhargava is that the positive evidence to prove that Dharam Singh had driving licence, is not satisfactory and Dharam Singh had admitted that he had no driving licence.

5. I have considered the above contention of Mr. Bhargava. In 1980 ACJ. 513 and 1980 RLW 38 it has been held that the burden for proving such an issue is on the Insurance Company or person alleging that there was no valid licence. Unless prima facie evidence is led to prove this issue, no rebuttal is required in law. The statement of Dharam Singh cannot bind claimants as he is interested in himself as non-applicant. The Insurance Company or the other non-petitioners have failed to prove that there was no valid licence. In my considered opinion, the Insurance Company has not discharged the burden at all and therefore, the issue had been rightly decided against the Insurance Company. Contrary to it, claimant have led evidence to prove that the Dharam Singh had licence. His evidence has been rightly believed by the Tribunal. I am also of the opinion that the standard of preponderance of evidence is to be relied in the accident claim cases and the Tribunal was justified in applying them.

6. No other point was pressed by the counsel for the appellants. The appeal therefore, fails and is dismissed with cost.

7. The appellant Insurace Company would deposit the amount awarded against it, if not deposited so far within a period of three months from today, failing which tne claimant would get interest from that date till the date of realisation at the rate of 12%.