A.F.R.
Court No. - 3
Case :- FIRST APPEAL FROM ORDER No. - 1421 of 2000 Appellant :- New India Assurance Co.
Respondent :- Jawahar Prasad And Another Counsel for Appellant :- ,A.K.Shukla,A.K.Shukla,Arun Kumar Shukla
Hon'ble Dr. Kaushal Jayendra Thaker,J.
1. This First Appeal From Order has been filed under section 173 of Motor Vehicle Act, 1988 (hereinafter referred to 'Act, 1988') by New India Assurance Company Limited (Appellant), being aggrieved by order dated 30.8.2000 passed by the Motor Accident Claims Tribunal/IX Additional Judge, Deoria (hereinafter referred to as 'Tribunal') in MAC No.241 of 1993.
2. Brief facts of the present case are that an accident occurred on 17.5.1993 at about 5.30 p.m. The original claimant sustained multiple injures and claimed compensation from the insurance company and the owner of the vehicle.
3. The claimants was granted a sum of Rs.21,000/- with interest at the rate of 10%. The insurance company has felt aggrieved with the grant of compensation to be recovered from it. As according to the insurance company, the vehicle was not insured with them. However, they have not proved this fact just because they have examined their officer but they have not proved that document at 42G which was cover note covering the accident period was not there. The Tribunal has relied on the decision of Apex Court in Oriental Insurance Company Limited Versus Indrajet Kaur and others, 1998(1)TAC page 615 (SC) and, therefore, also the submission that there is breach of policy condition or that there was no policy can be sustained.
4. The submission that the vehicle was not insured with them was not proved before the Tribunal by DW-1 is the finding of the Tribunal which is proved against the Insurance Company. The documents at page 42G were already produced as per the judgment of Apex Court reported in National Insurance Company Ltd. Vs. Jugal Kishore and others, AIR 1988 S.C.719 . It is the duty of the Insurance Company to prove that the vehicle was not insured with it.
5. The amount awarded is also very less. No interference is called for. The appeal sans merits and is dismissed.
Order Date :- 26.4.2019 Mukesh