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1990 DIGILAW 426 (SC)

RAMPAL SINGH v. RIAS. AHMAD ANSARI

1990-07-30

M.N.VENKATACHALIAH, N.M.KASLIWAL

body1990
( 1 ) HEARD Sri A. K. Srivastava, learned counsel for the appellant and sri B. R. Sabharwal, learned counsel for the New India Assurance Co. ( 2 ) SPECIAL leave granted. ( 3 ) THE only question that arises in this appeal brought by the owner of the motor vehicle against the order dated 4/01/1990 of the High court of Allahabad in F. A. O. No. 257 of 1989 affirming the award dated 31/08/1988 of the Motor Accident Claims tribunal is whether the new India Assurance Company is liable, as insurer of the vehicle, to indemnify the appellant and satisfy the award made against the appellant. ( 4 ) RAIS Ahmad Ansari, respondent 1 herein, instituted a Motor accident Claim No. 15 of 1986 on the file tor the Motor Accident Claims tribunal (VI Additional District Judge) Kanpur Dehat, for compensation for the personal injuries suffered by him in an accident that occurred on 28/12/1985 involving appellants truck UP 2488. The proceedings culminated in an award in the sum of Rs. 30,000. 00 in favour of the injured Rais Ahmad Ansari. The tribunal, owing to a lapse on the part of the appellant in producing the requisite documentary evidence to sustain his claim for indemnity from the insurer, declined to make the award against the insurer and confined the award against appellant alone. ( 5 ) THE appeal preferred by the appellant in the High court on the question as to the liability of the insurer was also unsuccessful, the High court having declined to fasten liability on the insurer for lack of evidence as to the subsistence of the benefit of a policy of insurance covering the risk. ( 6 ) BEFORE this court, appellant in an effort to improve the fortunes of his case, has sought to produce by way of additional evidence the policy of Insurance and the other material supporting his claim for indemnity. Sri Sabharwal, learned counsel for the insurer, in all fairness, had the additional documents examined by the insurer and has submitted that upon a consideration the material now furnished by the appellant the insurer accepts its liability to indemnify the appellant. We permit the additional evidence to be tendered in this appeal. The insurer also seeks to tender a bank draft for the sum of Rs. 30,000. 00 representing the sum awarded by the tribunal. We permit the additional evidence to be tendered in this appeal. The insurer also seeks to tender a bank draft for the sum of Rs. 30,000. 00 representing the sum awarded by the tribunal. ( 7 ) WE, accordingly, allow this appeal in part and hold the liability of the insurer co-extensive with that of the appellant under the award and modify the award made by the tribunal to that extent. The amount of Rs 30,000. 00 tendered by the insurer shall be deposited in the Registry of this court. The Registry will transmit this sum to the credit of the insurer, in claim No. 15 of 1986 on the file of Motor Vehicle Claims tribunal (VI additional District Judge) Kanpur Dehat, for purposes of payment to the said claimant Rais Ahmad Ansari in terms and satisfaction of the award. This shall be done within three weeks from today. ( 8 ) A copy of this order shall be sent to the said tribunal as well as to rais Ahmad Ansari. The tribunal will take steps to pay the amount of rs 30,000. 00 in terms of its award to claimant Rais Ahmad Ansari and report compliance to this court within 3 months from today. Appeal disposed of accordingly. No costs.