Once the Insurance Company takes a stand and raises an objection that the driving licence is not a valid licence, the onus shifts on the party raising the plea to prove the same. This is precisely what is held in the judgment, rendered by the High Court of Andhra Pradesh at Hyderabad titled as National Insurance co. Ltd. v. Illapu Seethamma and others 2001 ACJ 328, wherein, it was held that the onus shifts on the Insurance Company to prove the licence, wherein, the Insurance Company contended that driver of the offending vehicle did not possess a valid driving licence. The said judgment, further, relied on the judgment of Hon'ble the Supreme Court, in the case of Suresh Mohan Chopra v. Lakhi Prabhu Dayal 1991 ACJ 1 (SC). Moreover, in the present case, it would be highly unfair to expect the claimants to produce the original driving licence as Ram Chander himself had died and the claimants duly furnished the photocopy of the driving licence as mark `A' as well as the particulars of the driving licence i.e. number, name of issuing authority, date of insurance etc., and despite taking adjournments, the Insurance Company has not brought any evidence to show that the licence was fake one or not operative on the date of accident. A Division Bench of the High Court of Madhya Pradesh, Indore Bench, in the case of New India Assurance Co. Ltd. v. Iqubal and others 2001(ACJ) 236, held that any allegation regarding fakeness of licence, required to be proved by the party making the allegation. The said observation reads as follows :-
