driver was not holding licence. On that ground, the Tribunal has fixed liability on the insurance company. I do not find infirmity in it. In my view, The driving licence of the driver of offending vehicle was produced on record. The Tribunal has observed about it. The Appellant/Insurance Company has examined their officer to prove that driver was not holding effective and valid driving licence but in cross-examination he admitted that he has not taken search in R.T.O. Office about the driving licence of the offending vehicle. In my view, it was onus on the Appellant to prove their defense by producing cogent evidence. Hence, I do not see merit in the contention that driver of offending vehicle was not holding effective and valid driving licence at the time of accident. The Tribunal has awarded consortium amount on lower side. As per view of Hon’ble Apex Court in the case of Magma General Insurance Co. Ltd. vs. Nanu Ram, 2018 ACJ 2782 (SC), each Claimant is entitled for Rs.48,000/- for consortium amount and Rs.18,000/- for loss of estate and Rs.18,000/- for funeral expenses. There are two Claimants. The total of it comes to Rs.1,32,000/- and the Tribunal has awarded Rs.8000/-, if this amount is deducted from the amount awarded by this Court, it comes to Rs.1,24,000/-, the Claimants are entitled for this amount.
