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1992 DIGILAW 105 (ORI)

NATIONAL INSURANCE CO. LTD. v. CHANENAIN BEWA

1992-03-27

S.C.MOHAPATRA

body1992
JUDGMENT : S.C. Mohapatra, J. - This is an appeal under Section 110-D of the Motor Vehicles Act by the insurer. 2. Finding of liability of the insurer is the main grievance in this case. It is seen that insurer was not properly described in the claim petition and the owner also did not furnish details of the insurance before the Tribunal. In such circumstances, it cannot be said that adverse inference is to be drawn against the insurer for not filing the insurance policy. I am inclined to give opportunity to all the parties so that policy can be produced or details can be furnished on the basis of which matter can effectively be adjudicated, Since interest of justice requires that matter should be enquired into afresh, without drawing adverse inference in this case. I set aside the award and remit the matter back to the Tribunal for hearing afresh. In case after opportunity is given parties fail to bring the policy to record, necessary presumption can be made. 3. Owner, claimant and insurer have appeared before direct them to appear on 4.5.1992 before the 3rd Motor Accidents Claims Tribunal on which day the Tribunal shall fix a date of enquiry. It is not possible for the claimant to furnish address of the insurance company. Accordingly, the insurer shall take steps under M.V. Act to collect address from the Regional Transport Officer as provided under the M.V. Act. Owner of the vehicle may also produce the policy and in case there is loss of policy indicate the period and the branch in which the vehicle was insured so that the insurer would be able to verify the same and to make submission on the question of its liability. 4. For death of a coolie in the year 1979, claim of Rs. 25,000/- has been made. Gross injustice would be made in case do not give chance to the claimant to amend the claim petition for claiming the appropriate amount. Accordingly, opportunity is given to the claimant to file petition for amendment of the claim petition since I am giving opportunity to both the owner and the insurer to discharge their liability. 5. In conclusion all the parties are given full opportunity to take part in the enquiry afresh on all points. Accident is of the year 1979 and this appeal is of the year 1982. 5. In conclusion all the parties are given full opportunity to take part in the enquiry afresh on all points. Accident is of the year 1979 and this appeal is of the year 1982. I have no doubt that Tribunal shall take expeditious steps to see that the application shall be disposed of by the end of 1992. 6. In the result, appeal is allowed as indicated above. No costs. Final Result : Allowed