ORDER :

HEMANT GUPTA, J.

Leave granted.

1. The owner of the truck is in appeal before this Court challenging the order passed by the Motor Accident Claims Tribunal¹[For short, the ‘Tribunal’] on 15.01.2019, affirmed by the High Court vide the order impugned in the present appeal and granting liberty to the Insurance Company to recover the awarded amount from the appellant along with up-to-date interest by way of appropriate proceedings.

2. The brief facts are that the truck owned by the appellant met with an accident on 27.04.2015. The appellant appeared as R2W1. He deposed in his affidavit Ex. R2W1/A that before employing the driver, he had taken his driving test and that he was driving the vehicle satisfactorily. In cross-examination, he stated that the driver was employed with him for 3 years before the date of the accident. He reaffirmed in the cross-examination that he had taken driving test of the driver before his employment. He produced his driving license as Ex. R2W1/3. Though he deposed that the driving license was obtained from the driver and it was issued from Nagaland, but no such license was produced on record. Both the Courts have held that the owner has alleged that the