Court No. - 33
Case :- FIRST APPEAL FROM ORDER No. - 779 of 1998 Appellant :- United India Insurance Co. Ltd. Respondent :- Sri Satish Kuamr And Another Counsel for Appellant :- Vineet Saran Counsel for Respondent :- Prakash Padia
Hon'ble Dr. Kaushal Jayendra Thaker,J.
The Insurance Company, namely, United India Insurance Company Limited has felt aggrieved by the judgment and award dated 17.04.1998 passed by Motor Accident Claims Tribunal/Xth Additional District Judge, Ghaziabad in M.A.C. No. 403 of 1991 whereby awarding a sum of Rs.1,15,000/- with 10% per annum rate of interest.
This appeal is of the year 1998, while entertaining this appeal, no stay was granted and, therefore, it is presumed that the amount would have been deposited by now. However, while going through the judgment it is very clear that the award has been passed only against the insurer which is wholly against the provisions of law. The terms of policy of insurance, the appellant is not concerned with any risk for loss of goods which would be carried by the truck owner in his truck. The principle on which an award is passed is governed by the law of torts and in the absence of the negligence of the driver and owner (insured) in this case of the vehicle no award can be passed and in this case neither there is any plea to this effect nor has any issue been framed regarding the same. There was no necessity for the claimant to move a civil court as the grounds of appeal even as per the provisions of Motor Vehicles Act, 1988 the claim petition was maintainable. There is damage to the property and the said award has been assailed and, therefore, when it has not been proved before the tribunal or producing the policy that and/or leading cogent evidence that as per the provisions of the act, no extra premium was taken in absence of such ground or such proof being adduced before the Tribunal just on bald assertion, no fault can be found with the award of the Tribunal.
The appeal fails and is dismissed.
Order Date :- 26.7.2019 Shubhankar