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2010 Supreme(P&H) 343

VINOD K.SHARMA
Bajaj Allianz General Insurance Company Limited – Appellant
Versus
Mahesh Kumar – Respondent


Judgment

VINOD K.SHARMA, J.

1. Cm No.678-CII of 2010 allowed. The applicant is exempted from filing the certified copy of the Award dated 8.9.2009. CM No.679-CII of 2010

2. For the reasons stated in the application, CM is allowed and the delay of 14 days in filing the appeal is condoned. FAO No.93 of 2010 and CM No.680-CII of 2010

3. Appellant-insurance Company by way of this appeal has challenged the award dated 8.9.2009 passed by the learned Motor accident Claims Tribunal, Rewari, vide which the application moved by the claimant for grant of compensation under Sec.166 of the Motor vehicles Act, 1988, stands allowed.

4. The appellant-Insurance Company has disputed its liability to indemnify the owner primarily on the ground that the driver of the offending vehicle did not have a valid driving licence.

5. Issue No.3, which reads as under, was framed by the learned motor Accident Claims Tribunal: -

"whether the respondent No.1 was not having a valid and effective driving licence at the time of accident in question? OPR4. "

6. However, in support of the plea, appellant failed to discharge the onus to prove, that the driver did not have a valid licence. Otherwise also, there was nothin







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