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UNITED INDIA INSURANCE COMPANY LTD v UTTAM SINGH & ANR - CMA Case No. 01424 of 2001  RD-RJ 756 (15 December 2004)
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
CIVIL MISC. APPEAL No. 01424 of 2001
UNITED INDIA INSURANCE COMPANY LTD
UTTAM SINGH & ANR
Mr. MR SINGHVI, for the appellant / petitioner
Mr. SK SANKHALA, for the respondent
Date of Order : 15.12.2004
HON'BLE SHRI N P GUPTA,J.
Heard learned counsel for the parties on the application for condonation of delay.
The application is not opposed, as such, the same is allowed. The delay is condoned.
Thereafter, at the request of learned counsel for the parties, the appeal itself was heard for admission today.
The only contention raised by the learned counsel for the appellant is that the driver of the delinquent jeep was not having valid driving licence. The learned Tribunal has found that the driving licence has been produced as Ex.11, which was renewed upto 25.2.95, and had been issued in the year 1968. With this, it has further been found that the insurer had not led any evidence to show that the licence has subsequently been not renewed, and it has not been shown that the driver was ever declared ineligible to drive. Thus, the issue was decided in absence of the insurer's evidence.
In my view, in view of the consistent judgments of Hon'ble the
Supreme Court on the aspect of the defence available to the insurer on the anvil of want of driving licence, the finding do not require interference.
The appeal thus, has no force, and is hereby dismissed summarily.
( N P GUPTA ),J. /tarun/
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