The burden of proof regarding the driver's valid license lies with the vehicle owner, not the Insurance Company, which cannot be held liable without such evidence.

JUDGMENT :

Subhash Chand, J.

1. The instant Miscellaneous Appeal has been preferred against the award dated 13.03.2018 passed by the learned District Judge-VIII-cum- Motor Vehicle Accident Claims Tribunal-VIII, Giridih in M.V. Claim Case No.64 of 2014, whereby the learned Tribunal has directed the appellant- Insurance Company to pay the compensation amount of Rs.6,63,000/- to the claimants with interest @ 9% per annum from the date of filing of the claim application till the realization of the amount of compensation.

2. The brief facts leading to this miscellaneous appeal are that the deceased who was mason by profession was going on 13.05.2014 at 08:00 am to Jamua from his house for work by Tempo bearing registration No.JH-11J-5779, it was driven by its driver rashly and negligently, who turned turtle and the deceased had fallen from the Tempo and received injuries and succumbed to the injuries at the spot. The deceased after his death, left the claimants as legal heirs. The FIR of this case was registered with the police station concerned and the charge-sheet was also filed against the driver of the Tempo. In this way, the compensation was claimed.

3. On behalf of the opposite party Nos.1 and 2, who are the driver and owner respectively, the written statement was filed, in which it has been stated that Md. Shoket is the owner of the offending Tempo and the driver was Md. Furkan, who was driving the said vehicle very carefully but the same got imbalanced due to mechanical defect, as a result of which it became out of control of the driver, hence fell down causing death of the deceased. The said vehicle was insured by the opposite party No.3-National Insurance Company Limited, if any liability is fastened, the Insurance Company is liable.

4. On behalf of the opposite party No.3-National Insurance Company Limited, the written statement was filed, in which, it has been stated that the offending vehicle is alleged to have been insured by the National Insurance Company Limited but the owner and driver of the same did not adduce valid document such as driving license, permit etc., there being the breach of the policy, therefore, the Insurance Company is not liable for the same.

5. On behalf of the claimants in oral evidence examined altogether four witnesses i.e. C.W.-1, Md. Sagir Ansari; C.W.-2, Jamal Ansari; C.W.-3, Md. Nishar and C.W.-4, Md. Moin Ansari and in documentary evidence Exhibit-1, Certified copy of FIR; Exhibit-2, Certified copy of charge-sheet; Exhibit-3, Death certificate of deceased; Exhibit-4, Postmortem report of the deceased; Exhibit-5, Heir certificate and; Exhibit-X, Insurance Policy.

6. On behalf of the opposite party Nos.1 and 2, the owner and driver of the offending vehicle, niether documentary nor oral evidence was adduced.

7. On behalf of the opposite party No.3-Insurance Company, no evidence oral as well documentary was adduced.

8. The learned Tribunal after hearing the rival submissions of the learned counsel for the parties, passed the impugned award.

9. Aggrieved from the impugned award dated 13.03.2018 passed by the learned District Judge-VIII-cum-Motor Vehicle Accident Claims Tribunal-VIII, Giridih in M.V. Claim Case No.64 of 2014, the instant Miscellaneous Appeal has been directed on behalf of the appellant-Insurance Company.

10. Learned counsel for the appellant has submitted that this Miscellaneous Appeal has been assailed on behalf of the appellant-Insurance Company on the point that the direct liability has been fastened to the appellant Insurance Company to pay the amount of compensation while on behalf of the owner and driver none of them was examined nor any documentary as well as oral evidence was adduced. The initial burden was upon the owner to prove that the offending vehicle was driven with the valid and effective driving license but this very burden of proof has been wrongly shifted by the learned Trial Court upon the Insurance Company and directed to pay the amount of compensation.

11. Per contra