RAFIQ, J.—This appeal has been preferred by the United India Insurance Co. Ltd. aggrieved with the award of the learned Motor Accident Claims Tribunal, Sawai Madhopur dated 31.8.2001, which has awarded Rs.1,59,400/- as compensation to the claimant-respondents.

2. Contention of the learned counsel for the Insurance Company is that the claimants could not prove that the driver had valid license and that the original driving license was not produced either by the claimants or owner despite specific allegations made by the appellant Insurance Company in that behalf. It was argued that burden of proving the valid license was on the claimants and the owner and not on the Insurance Company. It was argued that the driving license was also not produced during investigation. Owner should be held responsible for making payment of compensation. Appellant had paid the amount of compensation to the claimants and it should be given the recovery rights. The appeal therefore be allowed and the award of the Tribunal may be set-aside.

3. Learned counsel for the claimant-respondents has opposed the appeal and argued that photocopy of the driving license was exhibited after producing the original thereof

Click Here to Read the rest of this document