*. . 88sr 'aa -as^. iA2t?):""E£;i'~t2-tB"^te%-apiie '.-^.: ! AS&lB^. -L^y. Mbye ^4^ay ASais Mtf mv-V& &LW3S e&A jeisUffi •BI.V-^a AlJtsS la6B " •£ [j^j. ISS^. pt\[» jdVisy .UAI^ M^ 'MLB Z£ fiiffi 7 ttj;>3-l* Jn&UK Ai.AtU *8 -!Lfe.l.! >J 1^}. Bh^U MyiSB ASaifi MJ^ yu-ay. 'MIB Z2 filffi A&M JtLU&^£ JafcU.ie (ihtib (iaiyrfyjfaii.ts _*2 1 1-Mttf ifi.^ikffi,-- lB{t-i^l&2ttl£ ^ ...-•^., ./.^ .^{^ ^y ^LS ^* ••t • < • • % ^XBUffi-E jLSBJLl^.'Altfc 4^&&4{. *?-2&tb SJ^. Is^j. 'ss^ftULe- jLaii3'f-4& /Ao&jf-ifa.ii ia& *fi§tV^.^bAtA Jfa^US fibl^/ ./ «• * • *£-MA^^li2§ ^alEtBK SOOZ/^^Mtef •fittfl: g ^ IfcS J ASaiA^. 'fiMtfil&t fiap ft»i?yua ti[fsk^ HIGH COURT OF JUDICATURE CHHATTiSGARH: BiLASPUR (Division Bench) Hon'ble Shri S.R. NAYAK, CJ Hon'bie Shri Satish K. Agnihotri, *1, Nationai Snsuranee Co. Ltd. Versus Bhagwati Prasad Kashyap and others. Present: Mr. Shree Kumar Agrawal, Sr. Adv., with Mr, Anand Gupta learned counsei for the appellant. (Passed on 21sl of November 2005) The following Ordcr ofthe Courtwas passed by S.R. Navak, CJ; Th° award passed by the M.ACT hgs been assai'ed by the. appellant-lnsurance Company. solely on the ground that on the date of accident the driver of the motor vehicle invoived in the accident did not havs the affective vaiid tiosnce and therefore the liability oannot be fastened on the insurance Company. This contention put forth by tearned counsei for the appeiiant at the time of argument is required to be noticed onSy to be We say thls because admittedSy^iis was not at il! taken In the wrltten statement filed by the insurance C-ompany before the MAC-T. The questlon whether the driver of the motor vehlcle involved in the accident had valid and effective licence on the date of the accident is undeniably a auestion of fact. Unless that plea was teken in the pieadlngs of the Insurance Company before the MACT, consideration of ths argument advanced on behaif of the insurance Company by its Br standina counsel in the appeal would never arise. The ground is misconceiveci. No other points were urged before usat the time of hearing. The appeal is devoid of merit and it is accordingiy dismissed, however, with no costs. Sd/- - i Satish K. Agnihotri | Judge Sd/- Chief Justice ^,v-y^ •