JUDGMENT

Pradeep Nandrajog, J. Common questions of law arose for consideration in the captioned 7 appeals and hence the same are being decided by a common order. The issue involved is, if it is established that the driver of the vehicle at the time of the accident was not holding a valid driving licence would entitle the insurance company to avoid liability under the policy to pay any money to the third party or are the rights of the insurance company to recover from the insured, after paying the sum awarded to the injured/claimants of the deceased. An ancillary question arises for consideration as to what should be the standard of proof for the insurance company to establish breach of the policy of insurance by the assured.

2. In FAO. No. 476/03, MAC. APP. No. 562/05, MAC. APP. No. 28/05, MAC. APP. No. 46/05 and MAC. APP. No. 154/05 grievance of the insurance company is that no recovery rights have been granted. Save and except FAO No. 476/2003 only contention urged is that the finding that the insurance company is liable to satisfy the award in favour of the claimants is contrary to law. In FAO No. 476/2003 it is additionally urged that the finding by the Tribunal that the ins