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| HC dismisses appeal filed by Insurance Company | | | Early Times Report
Jammu, June 13: Rejecting the plea of the National Insurance Company that the driver did not held the valid licence, Justice JP Singh of J&K High Court Jammu Wing dismissed the appeal filed against the award of compensation to the tune of Rs 4, 07, 700 passed by Assistant Labour Commissioner Kishtwar on October 24, 2007.
In the appeal filed by National Insurance Company Limited challenging the compensation award in which the counsel for the Insurance Company Adv DS Chouhan submitted that the appellant Insurance Company was not liable to indemnify the owner and satisfied the award in that vehicle had been driven by a person who did not hold a valid driving license at the time of the accident and on the other hand Adv FS Butt appearing for the claimants submitted that the judgment cited by the appellant’s counsel has no application of the present case because the Insurance Company had failed to produce any evidence to prove that the driver of the Vehicle did not possess valid driving license, despite having been provided sufficient time to prove the issue raised on the plea.
Justice Singh after considering the submissions of Advocate DS Chouhan appearing for the appellant and Advocate FS Butt appearing for the respondent observed that the appellant’s plea that the driver of the offending vehicle did not possess valid driving license at the time of the accident has not been substantiated by Insurance Company by leading any evidence in its support despite having been provided sufficient opportunity to discharge the onus of proof of the issue on the question. The appellant, having failed to prove that the driver of offending vehicle did not possess valid driving license at the time of accident, cannot thus be heard to urge that it was not liable to indemnify the owner in satisfying the award. The appellant’s plea to avoid its liability to satisfy the impugned award on the ground that the driver did not hold valid driving license, having not been substantiated on facts, thus fail and is accordingly rejected. The appeal is dismissed and interim order passed by the Court staying the operation of the impugned award shall stand vacated. JNF
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