- (1.) These four appeals have been filed by the appellant Insurance Company The New India Assurance Company being aggrieved by the award of MACT, Udaipur dated 22/3/2000 deciding claim petition nos. 128/93 and 129/93 (Arvind & Ors. vs. Devil Lal & Ors.) and claim petition nos. 141/93 and 234/93 (Smt. Haseena Bano & Ors. vs. Devi Lal & ors.) by which, in an accident which took place on 25/12/1992 between vehicle No. RJY 9427 being driven by respondent no.1 Devi Lal, while deciding issue no.3 against the appellant Insurance Company,the learned Tribunal has held that the appellant Insurance Company failed to prove that the said respondent no.1, Devi Lal, was driving the said vehicle without a valid driving license and consequently there was breach of policy conditions and accordingly the appellant Insurance Company could not be held liable to pay the amount of compensation in question.
(2.) Learned Tribunal while giving findings on issue no.3 at page 5 and 6 of the impugned award has held that the said respondent no.1, Devi Lal, was holding learning license No. 25036 in the name of Devi Lal s/o Kheta, which was produced as Ex.7 before the learned Tribunal and then said license was to drive heavy motor vehicle and valid for the period 30/11/92 to 29/5/93 during which period the said accident took place on 25/12/1992. No verification of the said driving license and its validity was got done with the concerned Transport Officer nor any other evidence was produced before the learned Tribunal in this regard. No notice was given to the driver or owner of the vehicle by the appellant Insurance Company also and the witness, who appeared before the learned Tribunal on behalf of the Insurance Company, namely; Dilip Lakhotia admitted that no such notice was given to the owner or driver of the said vehicle nor any such inquiry was made with the local transport office. The other conditions of the insurance policy are admittedly satisfied in the present case and, therefore, the claim of the Insurance Company that they were liable to be exonerated from their liability was not accepted and issue no.3 was decided against it.
(3.) In the present appeal filed by the Insurance Company also, the appellant Insurance Company has failed to satisfy this Court as to how in the absence of appellant Insurance Company having proved before the learned Tribunal that driver was not holding a valid license, it could be so exonerated from its liability. The breach of policy condition cannot be inferred merely because the driver respondent no.1 held a learning license. The said vehicle collided with the auto rickshaw, which was ditched ('Gaddha') and three persons, namely; Prakashmal, Pushpa Devi and its driver Ashfaq died.;