- (1.) THESE two instant appeals are filed by the owner of the offending vehicle against the judgment cum award dated 24.11.2011 passed by the learned Judge, Motor Accident Claims Tribunal -I, Jodhpur in MAC No.415/2009 and 628/2009 whereby the claim applications filed by the claimants respondents under Section 166 of the Motor Vehicles Act were allowed and the claimants respondents were awarded compensation and holding the insured to be in the breach of policy conditions and applying the principle of 'pay and recover' liberty was given to the insurance company to recover the amount of compensation from the appellant owner by filing execution proceedings after satisfying the award.
(2.) BEING aggrieved of the said direction of pay and recover that the appellant owner has approached this Court by way of the instant appeals. Heard learned counsel for the appellant, learned counsel for the insuracne company and the learned counsel for the claimant.
(3.) SHRI Roshan Lal learned counsel appearing for the appellant vehemently contends that the burden of proving the defences regarding the breach of policy conditions lies on the insurance company. The burden was not discharged appropriately and thus, the learned Tribunal was unjustified in exonerating the insurance company from the joint and several liability to satisfy the claim. He submits that the appellant owner of the vehicle was not aware that the driver not having a licence of appropriate category authorising him to drive the pickup vehicle, which is a transport vehicle. Thus, he submits that the direction in the judgment cum award whereby the insurance company was exonerated of the liability to satisfy the award be quashed and the insurance company be made jointly and severally liable to satisfy the award alongwith the owner and driver.;