IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA FAO (MVA) No. 2 of 2006 Date of decision : 9.5.2008 Oriental Insurance Company. Appellant Versus Dr. D.C.Chamail and others. Respondents Coram The Hon’ble Mr. Justice Deepak Gupta, Judge. Whether approved for reporting?1 No. For the Appellant: Mr. G.C.Gupta, Sr. Advocate with Ms. Veenu Thakur, Advocate. For the Respondent : Mr. Sanjeev vice Mr. Surender No.3 Saklani, Advocate Deepak Gupta, J. (Oral) This appeal is directed against the order of the learned Motor Accident Claims Tribunal, Shimla, delivered in M.A.C.C.No. 7-S/2 of 2002 decided on 18th July, 2005, whereby he has awarded a sum of Rs.8,12,000/- in favour of the claimant. The Insurance Company had not sought for nor was granted any permission to contest the claim on all grounds under Section 170 of the Motor Vehicles Act. 1 Whether the reporters of the local papers may be allowed to see the Judgment? Yes. Therefore, in appeal the petitioner-Insurance Company cannot be permitted to challenge the award on the questions of quantum or negligence. The only legal plea raised by the Insurance Company is that the driver of the vehicle insured with Insurance Company did not have a valid driving license. Issue No.4 was framed in this regard. The onus was on the insurance company to prove that the driver did not have a valid driving license. No evidence was led on this issue by the Insurance Company. No notice under Order 11 or under Order 12 CPC was served upon the owner or the driver calling upon them to produce the driving license. Since, the Insurance Company has failed to prove that the driver of the vehicle did not have a valid license, there is no merit in the appeal and the same is dismissed. No order as to costs. May 9, 2008 ( Deepak Gupta ), J. ™