THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO M.A.C.M.A.No.1400 of 2011 JUDGMENT: 1. Heard. 2. The insurance company, who is the appellant herein, challenging the award in O.P.No.242 of 1999 passed by the II Additional Chief Judge, City Civil Court, Hyderabad. A Claim was made for a sum of Rs.1,00,000/- towards injuries in a motor accident that has occurred on the intervening night of 04/05.11.1998. 3. The claim of the petitioner was when he was sleeping in the open space near Dargah at Kowkoor village, a lorry bearing No.AP 13 U 6512 driver by its driver came in a rash and negligent manner and dashed against the petitioner and others, as a result of which, the petitioner received multiple injuries. The 2nd respondent, who is the appellant herein, is the insurance company and the insurance company claimed that the driver of the vehicle was not having a valid and effective licence by the date of incident and therefore, the insurance company is not liable to pay the amount. On the rival contentions, evidence was adduced and the petitioner was examined as PW.1 and marked Exs.A.1 to A.7. On behalf of the respondents, RW.1 was examined and marked Exs.B.1 and B.2. After considering the evidence on record, the lower Tribunal has granted a compensation of Rs.27,000/-. 4. The appellant herein contends that there is no valid licence to the driver of the vehicle and relied upon Ex.B.1 and it was contended that the insurance company is not liable to pay the same. According to the claim of the appellant, the incident happened on the intervening night of 04/05.11.1998 and Ex.B.1 is said to be the certified true copy of the driving licence, it shows that originally the licence was issued in 1997 and it was valid till 08.06.1998 and it was renewed only from 15.06.1999 to 14.06.2002, relying on this the counsel for the appellant contends that by the date of accident the driver had no valid licence though there is valid insurance of the vehicle. Evidently, the burden is on the insurance company to prove that the driver of the vehicle was not having any valid licence. The fact that the driver was having a licence, which was periodically renewed, is in dispute. Except relying upon Ex.B.1 certificate no evidence of the concerned authorities was adduced to show as to when the renewal was applied and as to when it was granted. Suppose the renewal application was filed immediately after 08.06.1998 and it was kept pending by the licencing authority, the driver of the vehicle cannot be said to be having no licence at all. But in this case, except relying upon Ex.B.1, there is no material to show that there are no bona fides or that there are any laches on the part of the driver of the vehicle. The certificate Ex.B.1 is not proved by proper evidence and therefore, in view of the above circumstances, the lower Tribunal is justified in granting compensation against the insurance company. Accordingly, the Civil Miscellaneous Appeal is dismissed. No costs. ________________________ N.R.L.NAGESWARA RAO, J Date: 15.07.2011 INL