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Brijesh Kumar vs Jagbir And Ors on 9 July, 2018

Learned counsel for the Insurance Company relied upon National Insurance Co. Ltd. Vs. Jai Lasie and others, 2015 ACJ 2209 and Pappu and others Vs. Vinod Kumar Lamba and another, 2018(1) PLR 425 and contended that once 9 of 11 ::: Downloaded on - 19-08-2018 15:23:42 ::: FAO Nos.2952 and 2984 of 2005 10 burden of proof was on the Insurance Company and Insurance Company disputed its liability on the ground that owner and driver of the offending vehicle had failed to produce driving licence despite a specific application moved by the Insurance Company before the Tribunal for issuance of directions to driver and owner of the offending vehicle to supply copy of registration certificate and driving licence of the driver, then, in the event of non- production of such documents by the driver and owner of the offending vehicle, Insurance Company cannot be presumed to have not discharged its burden of proving breach of policy conditions. Though the Insurance Company is liable to satisfy the award, but with a right to recover the same from the owner and driver of the offending vehicle.
Punjab-Haryana High Court Cites 2 - Cited by 0 - R M Singh - Full Document
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