1.0 The respondents No. 1/1 to 1/3 are unserved.
2.0 Learned advocate appearing for the appellant has submitted letter dated 11.09.2007 which is taken on record. The letter was addressed to the Insurance Company regarding direct service notice to the respondents. It is found that the Insurance Company has not taken any action in that regard.
3.0 This appeal is directed against the judgement and award dated 30.04.1990 passed by learned Motor Accident Claims Tribunal ( Aux), Jamnagar in Motor Accident Claims Petition No. 1 of 1985, whereby the Tribunal awarded a sum of Rs. 50,000/ along with interest at the rate of 12% per annum.
4.0 On 12.11.1984 when Ramesh Chanabhai Koli was passenger in Auto Rickshaw No. G.T. H. 1333 one camel cart of opponent No.1/6 original opponent No.4 dashed with each and other as a result of this, he received serious injuries and succumbed to the same. The parents and wife of the deceased, therefore, filed the aforesaid claim petition wherein the aforesaid award came to be passed which is challenged in the present appeal.
5.0 Learned Advocate for the appellant submitted that the liability of the Insurance Company is limited to Rs.15000/ only and that the tribunal erred in holding that no Insurance Policy was produced.
6.0 However, there is a clear finding of the Tribunal that the Insurance Company has not filed any written statement. The Insurance Company has failed to produce the original Insurance Policy of the vehicle in question. It is well settled law that if an insurance company does not produce the policy to show its liability the insurance company must be held liable for the entire amount. In this state of evidence the contention advanced by the learned advocate for the appellant cannot be accepted.
7.0 I am in complete agreement with the reasonings adopted and findings arrived at by the Tribunal. The appeal is therefore dismissed with no order as to costs.
(K.S.JHAVERI, J.) niru*