1 S.B. Civil Misc. Appeal No.369/2008 National Insurance Co. Ltd. vs. Mokai & Ors. S.B. Civil Misc. Appeal No.369/2008 National Insurance Co. Ltd. vs. Mokai and others. Date : 12.1.2009 HON'BLE MR. PRAKASH TATIA, J. Mr.S Johari, for the appellant. Mr.Shambhoo Singh ) for the respondents. Mr.DS Udawat ) Mr.Rakesh Sinha ) - - - - - Heard learned counsel for the parties. In the claim case no.220/2000, the Motor Accident Claims Tribunal, Bali, District Pali awarded total compensation of Rs.6,37,000/- to the claimants on account of loss they suffered due to death of one Ayyaswami who died in the accident on 5.10.1999. Said victim died due to the accident caused by the non-applicant no.1 by driving the motorcycle rashly and negligently. Learned counsel for the appellant submitted that in this case, the claimants did not produce the license of the driver of the motorcycle which 2 S.B. Civil Misc. Appeal No.369/2008 National Insurance Co. Ltd. vs. Mokai & Ors. was insured by the appellant insurance company and, therefore, inference should have been drawn by the Tribunal that the driver of the motorcycle was not holding valid driving license at the time of accident. I considered the submissions of learned counsel for the parties and perused the record also. It is clear that even after taking the plea and even after when the burden is put upon the appellant, the appellant did not produce any evidence that the driver of the vehicle had no valid driving license and the policy condition was breached by the insured. It is also relevant to mention that the insurer did not produce any document to show that the insurer made any effort for obtaining the driving license of the driver by giving notice to the owner or driver of the vehicle under Section 150 of the Motor Vehicles Act. In view of the above reasons, if the Tribunal held the insurance company liable to pay 3 S.B. Civil Misc. Appeal No.369/2008 National Insurance Co. Ltd. vs. Mokai & Ors. compensation, the Tribunal has not committed any error of fact or law. Consequently, this appeal, having no merits, is hereby dismissed. (PRAKASH TATIA), J. S.Phophaliya