FAO No.4119 of 2009 1 In the High Court for the States of Punjab and Haryana at Chandigarh … FAO No.4119 of 2009(O&M) Date of decision: August 20, 2009 National Insurance Company Ltd. ..Appellant Versus Mamta Rani and others ..Respondents Coram: Hon'ble Mr. Justice Rakesh Kumar Garg Present: Mr. Mirgank Sharma, Advocate for Mr. Ashwani Talwar, Advocate for the Appellant. ,,, Rakesh Kumar Garg,J(Oral) This is insurer's appeal challenging the impugned award whereby claim application filed by respondent Nos.1 to 5 has been allowed and the Insurance Company has been held liable for making the payment. The brief facts necessary for the disposal of this appeal are that on 14.3.2007, one Pardeep Kumar died due to injuries suffered by him in a motor vehicle accident caused due to rash and negligent driving of Truck No. RJ-31-G- 3875 by respondent No.6. The claimants filed claim petition for compensation of Rs. 15 lacs along with interest. No written statement was filed by the driver and owner of the vehicle. The appellant contested the claim application on the ground that respondent No.6 Makhan Singh was not holding valid and effective driving licence at the time of alleged accident besides taking other grounds. On appreciation of evidence, the Tribunal held that Pardeep Kumar died in the vehicular accident in question caused due to rash and negligent driving of respondent No.6. The Tribunal also found that respondent No.6 was having a valid and effective driving licence at the time of accident and thus held that the Insurance Company was liable to make the payment of compensation as there was no dispute with regard to the fact that the Truck in FAO No.4119 of 2009 2 question was fully insured. Ultimately, the Tribunal allowed the claim application filed by respondent Nos.1 to 5 holding them entitled to an amount of Rs. 5,35,400/- as compensation along with interest at the rate of 7-1/2 % P.M. and further holding that the appellant, respondent No.6 and 7 were liable to make the payment jointly and severally. The only point raised in this appeal by the appellant-Insurance Company is that the findings of the Tribunal on issue No.3 are erroneous as the driver of the offending vehicle was not having a valid driving licence at the time of accident. It may be mentioned here that onus to prove this issue whether the respondent No.6 was not having a valid and effective driving licence at the time of accident was upon the appellant. Except two documents i.e., Ex.R3 investigating report and Ex.R4 verification report of the driving licence, no other evidence was adduced on record by the appellant to support his plea. Even the aforesaid reports were not got proved by the appellant from the investigating officer or from the official of the District Transport Office, Ganga Nagar. Both the documents relied upon by the appellant are not per se admissible in evidence. The burden of proof was upon the appellant and he has failed to discharge the same. The reliance of the appellant -Insurance Company on Ex.R3 and R-4, i.e., report of the Investigating officer and certificate of verification of Driving Licence is misplaced as contents of both these documents have not been proved in accordance with law. Thus, I find no fault in the findings of the Tribunal in this regard. No other point was urged. No merit. Dismissed. August 20, 2009 (RAKESH KUMAR GARG) nk JUDGE