ORDER

1. Leave granted.

2. Heard the learned counsel appearing on both sides.

3. We are not inclined to interfere with the order passed by the High Court, though, it is correct that proper issues were not framed by the Commissioner for Employees' Compensation. Be that as it may, however, the Insurer had taken a plea in the reply that the Driver was not holding the Driving Licence. The Driver was also cross-examined at length, but he was not able to produce the Driving Licence on the ground that at the time of accident, it was lost. Witness was also examined as to hold the Insurer to discharge negative burden as to absence of Driving Licence. In view of the facts and circumstances of the case, plea taken as well as evidence adduced, it was incumbent upon the Driver to produce the Licence or duplicate copy of the same that has not been filed either in the High Court or even in this Court in the appeal filed by the Driver. He could have obtained a duplicate copy and ought to have produced it in case he possessed the Driving Licence. His statement that he lost the same at the time of accident, does not inspire confidence.

4. In the above circumstances, as the vehicle was admittedly ins