HIGH COURT OF CHHA'I‘TISGARH AT BILASPUR M.A. No. 512 of2005 Appellant National Insurance Company Ltd, through its Assistant Manager, B-l, Taha Complex, 2nd Floor, Ring Road ‘ No.2, Priyadarshjni Nagar, Bilaspur, Chhattisgarh. Respondents 1. Santosh Kumar Sinha, S/ o RikhimmSinha, aged about 28 years, R/o Chorbhafthi, Tehsil- Saja, District- Durg, Chhattisgarh. 2. Sadhoo Ram Sinha, S/o Sukhmo Ram, aged about 50 years. 3. Smt. Tirath Bai, W/o Sadhoo Ram, aged about 42'yea1s. Respondents No. 2 and 3/c1ajmants are residents of Ranveerpur (Charbhatha), Tehsil and District ‘— Kawardha, Present address_ Village- Deortarai, Tehsil — Balod, District Durg, Chhath‘sgarh. Versus DB: Hon’ble Shn' Justice S. R. Nayak, C.J. 85 Hon’ble Shri Justice Saiish K. Agnihotri, J. ORAL ORDER ( 28th November 2005) In this appeal pieferred by the Insurance Company, the liability fastened on the appellant] Insurance Company is questioned solely on the ground that the driver of the motor vehicle involimd in the accident on the relevant date did not have valid and eHective driving licence. This plea as a matter of fact was taken by the Insurance Company in the written statement filed by the Insurance Company before the Tribunal. Although such a plea was taken in the written statement, the Insurance Company has utterly failed to Mr. Sanjay Kumar Agarwal, Advocate for the appellant. prove it. It is Wal settled that it is the bunien of, the establish that as on the date of accidcnt the driver of involved in the accident did not have valid and eeective ériving licence to drive the vehicle involved in the accident The Insmalice Conipany having failed to establish its plea cannot be from liability to pay compensation. The appeal is, insmer to the vehicle exonerated thelefore, Vi“ \ i a} dismissed. If m ‘ M Sd/— E Sd/_ S Agmm’m Chief Jusu'ce '7 ’1 Judge 1 i “dge , a