Oriental Insurance Company appellant challenged liability for lack of valid driver licence. Court held private investigator letter insufficient without substantive licensing authority evidence. Burden on insurer unfulfilled; appeal dismissed; award sustained.
The appeal is dismissed and the award is sustained.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
FAO No.950 of 1995
Date of decision:25.08.2010
Oriental Insurance Company
....Appellant
versus
Smt. Veena and others
...Respondents
CORAM: HON’BLE MR. JUSTICE K. KANNAN
Present: Mr. Vinod Chaudhri, Advocate, for the appellant.
Mr. Inderjeet Sharma, Advocate, for respondent No.6.
-----
K.Kannan, J. (Oral)
FAO No.950 of 1995 - 2 -
for an insurer to contend that there was no valid driving licence but it must build upon it and secure appropriate evidence to the satisfaction of the Tribunal. This the insurer failed to do.
discharged.
(K.KANNAN) JUDGE
25.08.2010 sanjeev
3 issues framed by the court
Whether the insurer discharged the burden of proof regarding breach of policy terms.
Whether a letter from a private investigator is sufficient evidence to deny a valid driving licence.
Whether the liability of the insurer should be sustained despite the insurer's plea.
Oriental Insurance Company
Smt. Veena and others
K. Kannan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
