NATIONAL INSURANCE COMPANY LTD. versus USHA & ORS

High Court of Punjab and Haryana, Chandigarh

Indian Supreme Court Cases / Judgements / Legislation

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National Insurance Company Ltd. v. Usha & Ors - FAO-4685-2006 [2006] RD-P&H 8756 (17 October 2006)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

F.A.O. No.4685 of 2006

Date of decision : 16.10.2006

National Insurance Company Ltd.

....Appellant

Versus

Usha and others

...Respondents

CORAM : HON'BLE MR.JUSTICE UMA NATH SINGH
HON'BLE MR.JUSTICE MAHESH GROVER

....

Present : Mr.Suman Jain, Advocate

for the appellant.

...

MAHESH GROVER, J.(Oral)

The present appeal has been filed by the insurance company against the award of the Motor Accident Claims Tribunal, Amritsar dated 27.7.2006 passed in M.A.C.T. Case No.53/FTC/2006.

The appellant has assailed its liability as determined by the learned Tribunal on the ground that the driving licence held by the driver of the offending vehicle was not valid.

We have heard the learned counsel for the appellant and have perused the award which reveals that the appellant had failed to discharge the onus of proving the issue pertaining to validity of the driving licence. As a part of its attempt to establish the violation of the breach of policy only Ex.R.1 had been tendered in evidence which report was written on the summons. The report was made by some Clerk and thereafter no record was produced to substantiate the report. In view of this complete lack of evidence, no fault can be found with the findings recorded by the Tribunal. The liability has thus been correctly fastened upon the appellant.

No other point was urged.

For the foregoing reasons, the appeal is totally devoid of any merit and is dismissed as such.

(MAHESH GROVER)

JUDGE

16.10.2006 (UMA NATH SINGH)

JUDGE

dss

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