^. r,-5 HSGH COURT OF JUDICATURE : \;v-. ADpeltant: [Non appiicas^tS) SHRJ S.R. NAYAK, CJ. HON'BLE SHRI D.R. DESHiVSUKH, J. Misc. Aooeal No. 641 OF 2006 1. Unlted india Insurance Co. Ltd., Branch Manager, United india insurance Co. Ltd., Anupama Chauk, Jagdaipur, Divisiona! Office, Katehury Chouk Raipur(C.G.) Versus 1. Narpati S/o Bhakturam. aged about 25 years, R/o, viliage Ghatlohanga, Thana Jagdalpur, Tahsii Jagdalpur, DistridBastar(C.G.5 (Non-applicant 1) 2. Gurudas Baghel S/o Kanwal Singh Baghel, R/o High School Bastar, Post Bastar, Tahsll Jagdalpur, DistrictBastar(C.G.) (Non-applicant 2) 3. Chaiti Wd/o Late Shri Jairam, aged about 45 years, 4. Rameshwari D/o Late Shri Jairam, aged about 16 years, 5. Khirendra S/o Late Shri Jairam, agedabout12years, 6. Khageshwar Singh S/o Late Shri Jairam, aged about 8 years, Nos. 4, 5 & 6 Minors, through guardian Respondent no. 3 Chaiti (Mother of minors), All by caste 'Dhakad', Alt R/o viilage Adawai, Post Kolpur, Tahsii Jagdalpur, District Bastar (C.G.) (AppIicants/Claimants) Present: Shri Sanjay S. Agrawal, learned counsel for the appellant. 3^. 2-- ORAL ORDER (Passed on 27th June, 2008) The following oral order of the Court v/as passed by S.R. Nayak, CJ. The on!y contention urged by the learned counsel for the appeflant- Jnsurance Company while assailing the impugned award is that the driver of the motor vehicle invoived in the accident, on the date of accident, did not have valid and effective driving Jicence and therefore, the MACT ought not to have fastened the liability to pay compensation on the appeilant- Insurance Company. Although, such a plea was taken m the written statement filed before the MACT, admittedly, the appellant did not adduce any evidence whatsoever to substantiate that p!ea. It Is weil settled that 11 is the burden of the insurance Company to discharge such piea by substantive legal evidence. In that vlew of the matter, no exception could be taken to the impugned award fastening the liability on the Insurance Company to pay compensation to the daimants. The appeal is devoid of merit and It is accordingty dismissed. Sd/- Sd/- ChiefJustice Dilip Raosaheb Deshmukh Judge ^^