MAMTA WD/O SANTOSH CHITAKALWAR Vs. LAXMAN NARAYAN RAUT
HIGH COURT OF BOMBAY
Mamta Wd/O Santosh Chitakalwar
Laxman Narayan Raut
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S.M. Modak,J. -
(1.) In this appeal the question arises is whether on the basis of the facts of the case, can it be said that the driver of the offending vehicle was having valid driving license ? The connected issue involved is 'on whom burden to prove fact of not holding license lies? And whether this Court can direct the Insurance Company to pay first and then to recover from the owner?
(2.) On the point of non requirement of endorsement on LMV license,Learned advocate Shri Agrawal relied upon the judgement in case of Mukund Dewangan vs Oriental Insurance Company. Whereas on the point of burden of proof, learned advocate Shri Paunikar relied upon the judgement in case of Pappu and others vs Vinod Kumar Lamba and another. The Motor Accident claims Tribunal, Washim, as per the judgment dated 08-10-2010, was pleased to answer that issue 'of not holding valid license' in the affirmative and was pleased to exonerate the Insurance Company for the breach of policy terms on the part of the insured/respondent no.1.
(3.) By the impugned judgment, the claims Tribunal on one hand exonerated the Insurance Company and on the other hand held the owner responsible and directed him to pay compensation of Rs.12,37,600/- along with the other benefits. The original claimants are challenging the said judgment of exonerating the Insurance Company. They have also asked for enhancement of the compensation.;
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