1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR FIRST APPEAL NO. 202 OF 2009 New India Assurance Co. Ltd. Vs. Jharabee Shaikh Aziz & Ors. ------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. ------------------------------------------------------------------------------------- Mr. S. M. Ukey Adv for appellant. Mr. S. S. Shingne Adv for respondents. CORAM: C. L. PANGARKAR J. DATED: 22 nd APRIL , 2010. Heard counsel for the appellant and the respondents. This appeal has been preferred against award passed by the Motor Accident Claims Tribunal whereby the liability has been fixed on the appellant Insurance company. Learned counsel for the appellant Insurance Company submits that the Tribunal has erred in awarding the compensation particularly 2 when the Insurance Company had raised a plea that the driver was not holding a valid driving licence. He submits that a specific issue to that effect was not framed by the Tribunal and therefore the appellant insurance company could not lead evidence on that aspect. He contends that the Tribunal had fallen in error in awarding the compensation without allowing the appellant to lead evidence to that effect, The statement does not appear to me to be correct. Trial Court has framed an issue as to whether there was a breach of condition of policy. In view of the framing of such issue it is quite clear that present appellant was made aware that it has to lead evidence with regard to the breach of the conditions of policy which includes even the breach in respect of driver not holding valid driving licence. If it was the specific case of the Insurance Company that driver did not hold valid driving licence, it should have called upon the driver to produce the licence or it could have examined some official from the R. T. O. to prove that driver did not hold valid driving licence. Simply 3 raising such a plea is not enough. Appellant was therefore expected to lead evidence to that effect. It has failed to lead evidence before the Tribunal that the driver did not hold driving licence. I do not think that Tribunal committed any error in decreeing the claim in favour of the claimant. There is, therefore, no substance in the appeal. The same is dismissed in limine. JUDGE svk