- (1.) This is an appeal against the order and judgment passed by the Judge, Motor Accident Claims Tribunal, Bikaner on 27.08.2004, vide which, Rs.25,130/- were awarded with interest at the rate of 9%. While praying for setting aside this impugned award, the main ground taken in the appeal is that that owner of the bus disowned his own application under Section 451 of the Cr.P.C., in which he had admitted about the driving license of his driver.
(2.) Secondly, the adverse inference should have been drawn as the driver of the bus could not submit his own driving license.
(3.) After going through the pleadings of the judgment, I find that the tribunal duly recorded a finding that the driver had a valid license. He was given a salary uptil the year 2000. The said salary was as driver of the bus. A driver is employed on the basis of the driving license. The owner has also confirmed that he appointed him in 1997 after seeing his driving license. Thus, the insurance company cannot escape its liability. The onus to prove that the driver did not have a valid driving license was on the insurance company. The insurance company miserably failed to prove that the driver did not have the driving license. Moreover, the amount of compensation awarded is only Rs.25,130/-. As such, there is no ground to interfere in the judgment and order passed by the tribunal.;