Nirmaljit Kaur, J. - (1.) THIS is an appeal under Sec. 173 of the M.V. Act against the judgment and award dt. 6.7.2005 passed by the Motor Accident Claims Tribunal, Gulabpura, District Bhilwara vide which the appellant has been held liable for reimbursement of the award to the insurance company and the insurance company has been exonerated. On the basis of pleadings of the parties, five issues were framed by the Tribunal. One of the issues was issue no. 5 which reads as under: - -
(2.) THUS , the issue No. 5 was with respect to driving licence. The said issue was decided against the appellant and in favour of the insurance company. It was decided on the ground that the appellant owner failed to place on record the driving licence. While praying for setting aside, the learned counsel for the appellant raised twofold arguments. The first argument raised by the learned counsel for the appellant is that the onus to prove that the appellant did not have the driving licence was on the insurance company. The insurance company failed to discharge the said onus. Secondly, the appellant had duly submitted the particulars of the driving licence of driver -Babu Lal to Shri Pradeep Lakhotia -NAW -1, who is surveyor of the insurance company. The same is evident from Ex. D/6. The said documents proved that appellant No. 2 was having a valid driving licence.
(3.) THE last argument raised by the learned counsel for the appellant is that at the time of mishap, the tractor was not in motion and therefore, requirement of the licence when the accident took place, does not arise. Reliance was placed on the judgment rendered by the Division Bench of this Court in the case of National Insurance Co. Ltd. vs. Yogesh & Ors., : 2010 (3) CDR 1410 (Raj.) to submit that the appellant is under no obligation to furnish evidence to enable the insurance company to wriggle out its liability and that in absence of the insurance company proving the same, the liability was of the insurance company.;