JUDGMENT :

ALKA SARIN, J.

1. The present appeal has been preferred by the appellant (owner of the vehicle) aggrieved by the award dated 12.04.2012 passed by the Motor Accident Claims Tribunal, Sirsa whereby the recovery rights have been granted to respondent No.3-Insurance Company.

2. Since the facts, as recorded in the impugned award passed by the Tribunal, are not in dispute, the same are not being reproduced herein for the sake of brevity.

3. Learned counsel for the appellant (owner of the vehicle) would contend that in the present case the Tribunal has framed a specific issue i.e. issue No.3 “Whether there is any violation of the terms and conditions of the insurance policy in question? If so, its effect? OPR3”. The learned counsel would further contend that the onus of the said issue was cast on the Insurance Company (respondent No.3 herein). The learned counsel would further contend that in the present case not an iota of evidence was led by respondent No.3-Insurance Company to show that the driving licence was not valid.

4. Per contra, the learned counsel for respondent No.3-Insurance Company has relied upon the judgment of the Hon’ble Supreme Court in the case of United India In