Motor Vehicles Act, 1988–Sec. 147–Plea of Insurance Company that the driver of offending vehicle was not having valid licence–Though the negative report was obtained from the office of concerned Transport Authority and no other document was required to be produced in support of report yet
it was not sufficient to exonerate the Insurance Company because for avoiding the liability in third party case, Insurance Company was required to establish the negligence or lack of reasonable case on part of owner of the vehicle in handing over the vehicle to driver holding the fake licence–Merely because owner/driver has not appeared in witness box, it cannot be held that the Insurance Company discharged it’s burden–Held, Insurance Company was rightly hold liable for paying compensation.
