tf^E..J S—S^L ^"'"^'i^^^ .fk ^^r?—4 CT ?^S ? ^ 5? ^S S^r Ifc UMMA! ! ISUAKM: BILASPUK : HON'BLE ini v,n..-anni Misc,ApDealNo.341 of 2006 APPELLANT/ SN%S i^^Sp National Insurance Co. Ltd,, hrough Assistant Managet", Nationa! Insurance Co. Ltd. B-1, Taha Complex, ist F'oor Ring Road, Privadarshini Naaar, Bilaspur, Tahsit and Dist. Biiaspur (Chhattisgai-h). ^MT! DRi'VER T Versus J^swsnt Sinoh. S/o Shft Shlv Sagar, A.ged about 24 years, R/o Sakti Magar, Near Pal Pan Bhandar, Bhiiai-3, Distt. Durg (Chhattisciarh). Shiv Sagar Ssngh, S/o Shri Chandan Singh, Aged about 80 years, R/o Shantipara, Naar Bus Stand, Singh Weiding Works, Shilai-3, Dtstnct Duro f^*l\ >-»» CLAJMANT 3. Hemant Tandon, S/o Shri Sundar Lai Tandon, R/o viliage Surgi, Tahsil and District Rajnandaaon (Chhattisgarh). 4. a) Smt. Sema Khandelwa!, Wd/o Late Satish Chandra Khandeiwai, Aged about 38 vears. b) Ku. Shilpa Khandelwa!, D/o Late Satish Chandra Khandeiwa', Aged about 16vears. c) Himanshu Khandeiwal, S/o Late Satish Chandra Khandelwai, Aged about 12years. Responcents 4(b) & (c) being Minors throug'n iegal guardian mother Smt. Sema Khande'wal, Vd/o Late Satish Chandra ". ^l^u/ ^a^ :»-^ ij i •fc*.'': L a :lh-'' ! ^ U. i ^ \fl ^ ^i Khandelwa'. Respondents 4(a) to (c) a!i Rfo C/o D.K. Gupta, Natlonai Freight Carriers, 324/4, Vijay Bhawan, iehind Bank of iViaharashtra, sht'<" -.f "-<..],. Central Avenue, Nagpur-2 - 440 002 (M.S.). Present:- Shri Sanjay K. Agrawal, learned counsel forthe appellant. ORAL ORDER (Dated 9"* November, 2008) The following oral order of the Court was passed by C.J. The only contention of learned standing counsel for the Insurance ComDanv is that since the driver of the motor vehicle involved in the accident did not have valid and effective driving license, the MACT is not justified in fastening the iiability on the Insurance Company to pay compensation. Atthough such a plea was taken in the written statement fiied by the Insurance Company, admittedly, the Insurance Company did not adduce any evidence to substantiate that plea. It is well settled that unless the insurance Company pleads and proves such plea, it cannot be exonerated from the liability to pay compensation to victims of the accident. There is no merit in the appeal. The appeal is, therefore, dismissed. No costs. : Raju Sd/- Chief Justice Sd/- V.K.Shrivastava Judge