THE ORIENTAL INSURANCE COMPANY LIMITED vs MADHU AND ANOTHER

DEEPAK KUMAR 2026.05.22 10:03 I attest to the accuracy and integrity of this document FAO No.2976 of 2026 (O&M) -2- 2. Claimants filed application seeking compensation on account of death of one Kamal, who died at the age of 20 years employed as cleaner on the vehicle bearing registration No.UP-85-CT-2074 insured by the appellant. 3. The only argument raised by counsel for the appellant is that the driving licence having not been produced, the insurance company ought to have been granted recovery rights. 4. Having heard counsel for the parties and after carefully perusing the records of the case, this Court finds that the plea raised by counsel for the appellant, sans merit and cannot be accepted. 5. As per settled proposition of law, the onus to prove beach of terms and conditions of the policy lies upon the insurance company. In order to prove the beach, the insurance company was required to discharge its onus and should have called for production of valid driving licence of the driver. Admittedly, no such application was moved. From the perusal of the impugned order, it is evident that no issue w.r.t. breach of terms and conditions of the insurance policy was raised before the c