- (1.) THIS appeal is directed against the award dated 15.11.2011 passed by Motor Accident Claims Tribunal, Rajsamand ('the Tribunal'), whereby the Tribunal has awarded a sum of Rs.6,95,000/- as compensation to the claimants-respondents.
(2.) THE principal ground of attack in the present appeal filed by the Insurance Company is that the driver of the offending vehicle was not in possession of effective and valid driving licence and on account of violation of policy condition, the appellant-Insurance Company is not liable for payment of compensation. The Tribunal while deciding Issue No.4 has came to a conclusion that though the appellant-Insurance Company had issued notices Ex.A/2 and Ex.A/3 to the driver and owner of the vehicle for production of the driving licence, however, as the said notices were issued after a passage of almost seven years from the date of accident and the same were returned unserved on account of incomplete address / addressee not available at given address. The same cannot lead to a conclusion that the owner and driver have failed to produce the driving licence and the Insurance Company has discharged its burden.
(3.) LEARNED counsel for the appellant submitted that besides the fact that the notice given to the owner and driver was not delivered the licence of the driver was not available in the police papers and therefore, the presumption, thus, arise that the driver was not in possession of valid and effective driving licence.;