- (1.) THESE four appeals challenge the similar award on identical questions with respect to an accident in which different claims were lodged. Two appeals, namely, F.A.F.O. No. 290 of 2000 and F.A.F.O. No. 272 of 2001, have been filed by United India Insurance Company Ltd., whereas the remaining two appeals bearing Nos. 322 of 2000 and 321 of 2000 have been filed by the Oriental Insurance Co. Ltd. The awards are dated 25.3.2000.
(2.) WE have heard Mr. Anil Srivastava, Advocate in the appeals filed by the Oriental Insurance Co. Ltd. and Mr. Ravindra Pratap Singh for the claimant-respondents. The only ground attacking the award is that the driver of the offending vehicle Truck No. URS 9675 was not having a valid driving licence on the date of accident and, therefore, the liability could not have been fastened upon the insurer of the said truck, namely, the appellant. Further submission is that the Tribunal has simply presumed the valid driving licence of the driver of the said vehicle though no evidence even prima facie to establish that the driver was having a valid driving licence or any licence on the date of occurrence, was adduced by the claimants or by the owner of the vehicle.
(3.) IN response, Mr. Ravindra Pratap Singh, learned Counsel for the claimant-respondents submitted that the burden to prove that the vehicle was not driven by a person, who has having a valid driving licence on the date of accident, rests upon the Insurance Company and in the instant case, the Insurance Company having not led any evidence to controvert the presumption about the driver of the offending vehicle of having a valid driving licence cannot challenge in appeal the finding in this regard by the Tribunal.;