.L:-^BW-n.wffrtN;. HIGH COURT OF .IUDICATURE CHHATriSGARH :B|LASPUR CORAM: HON'BLE SHRI S.R. NAYAK, CJ. & HON'BLE SHRI D.R. DESHMUKH, J. Misc,_ABfieal _N_Q, 420.0f 200.5 sptoff 3)-11^* WW - 3 '3TCR')^ft <iTCf'<cj|cf)-7pT ,3FTI^g?-iTM ••l^i'ici y^"»qi^ft RiRi^ 5IR3T *|l|idD ^iRfT fuRrryCT {snrote} -^ss- 1. sfN'^, feraT wfh ^' 3iq 65 WcT, toift - Wf 4^*l^lg aiHT-'i'^ tel'pRTT {W®S} <glwllft'< ^t, anWiT s'dR^^fl ^? ufT^ ^3W, 3iq 36 ^RT, {qig^ ^qicicp} WP'Fl'ftqRft- ^T^ SIHT cm^r, fSrar SRI^ BRTgWT- 5?Fft5l?ft as<ilci ? wn wig? w? 'f^raT ^Riy {^.7r.} WT^R^^cIT^jR ^V {4'.^l'.^?r} ang 45 ^IRT, gn?w 4l'.t.5Rm gro/wra ^TR;ITOP <llci|yi1 *ld1-ti, Wiy 'TO? fyi^rr ^Riy {^.^.} {qi?;Ti:gpft} ^g^ ^R^ q?TO? f^i 0/275 ^.Sn^AA ?;3R ;RR ''FT.^l'.TEr. 18654 ?Rft ^ftRT ;TW ^T.l?A 39. i11BI£:S»iSi»lfW:- -2- w ^ Present: Shri Shree Kumar Agrawal, learned Sr. Advocate with Shri A.K. Gupta, learned counsel for the appellant. Oral Order >nd (2na January, 2006) The followingorder ofthe Court was passed by S. R. Nayak, CJ. In this appeal preferred by the Insurance Company the impugned award is assailed on the ground that the driver of the motor-vehicle involved in ; the accident did not have valid and effective driving licence. Although such a plea was taken in the written statement filed by the Insurance Company before the MACT, admittedly, the appellant - Insurance Company did not adduce any evidence to prove ttiat plea. It is well settled that it is the burden of the Insurance Company to raise such plea as well as to prove such plea by substantive legal evidence. In that view of the matter, the ground urged before this Court in appeal could not be countenanced. The appeal is devoid of merit and it is aqcordingly dismissed. There shall be no order as to costs. Sd/- Qiief Justice Sd/- Dilip Raosaheb Deshmukh Judge