9911796707
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Issues involved:
The issues involved in this case include the liability of the insurance company to reimburse the owner for damages, the validity of the driver's license at the time of the accident, and the burden of proof regarding the driver of the vehicle. Judgment Summary: Issue 1: Liability of Insurance Company The appellant's tractor hit a person resulting in death, and an award was passed in favor of the claimants. The insurance company contended that it had no liability due to the driver not holding a valid license. The Tribunal framed issues regarding the accident, damages, and maintainability of the claim. The High Court upheld the award, stating the insurance company was not liable due to the driver's lack of a valid license. Issue 2: Validity of Driver's License The appellant held a learner's license that expired before the accident, and a regular license was granted after the accident. The Court distinguished between a learner's license and a regular license, emphasizing the need for a valid license at the time of the accident. The insurance company was not obligated to reimburse the owner as the learner's license had expired. Issue 3: Burden of Proof The appellant claimed he was not driving the vehicle, shifting the burden of proof to him. However, he failed to prove this claim, and evidence indicated he was driving. The insurance company argued the appellant did not have a valid license, relieving them of liability. The Court found no merit in the appeal and dismissed it without costs. This judgment clarifies the importance of a valid driver's license at the time of an accident for insurance liability and emphasizes the burden of proof on the parties involved.
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