KAUSHAL JAYENDRA THAKER,J. - (1.) Heard Sri Nagendra Kumar Srivastava, learned counsel for the appellant and perused the judgment and order impugned. None appeared on behalf of respondent.
(2.) This appeal, at the behest of the United India Insurance Company Limited, has been preferred against the judgment and award dated 3.10.1998 passed by Motor Accident Claims Tribunal/VII Additional District Judge, Deoria (hereinafter referred to as 'Tribunal') in M.A.C.P. No.158 of 1992 awarding a sum of Rs. 60,500/- in favour of the injured-respondent.
(3.) While going through the record, it is not clear how the Tribunal has held against the insurance company. Issue No.3 goes to show that the fundamental duty cast on the owner to prove that driver had a valid driving license was not fulfilled. The onus cannot be sifted on insurance company in the absence of any documentary evidence.;