Hon'ble TATIA, J.—Heard learned counsel for the parties.

2. In the claim case no.220/2000, the Motor Accident Claims Tribunal, Bali, District Pali awarded total compensation of Rs.6,37,000/- to the claimants on account of loss they suffered due to death of one Ayyaswami who died in the accident on 5.10.1999. Said victim died due to the accident caused by the non-applicant no.1 by driving the motorcycle rashly and negligently.

3. Learned counsel for the appellant submitted that in this case, the claimants did not produce the license of the driver of the motorcycle which National Insurance Co. Ltd. vs. Mokai & Ors. was insured by the appellant insurance company and, therefore, inference should have been drawn by the Tribunal that the driver of the motorcycle was not holding valid driving license at the time of accident.

4. I considered the submissions of learned counsel for the parties and perused the record also.

5. It is clear that even after taking the plea and even after when the burden is put upon the appellant, the appellant did not produce any evidence that the driver of the vehicle had no valid driving license and the policy condition was breached by the insured. It is also relev

Click Here to Read the rest of this document