United India Insurance Co. Ltd. v. Chandra Marandi
2007-03-12
DILIP KUMAR SINHA, M.Y.EQBAL
body2007
DigiLaw.ai
JUDGMENT 1. Heard the parties. 2. This appeal by the Appellant-Insurance Company is directed against the award of interim compensation awarded by the Motor Vehicle Accident Claims Tribunal, Godda in Title Claim Case No. 47/05 and directed the Insurance Company to pay a sum of Rs. 50,000/-. 3. It appears that on 16.4.2005 the deceased was dashed by a truck bearing registration No. BR-36-2590 and the deceased died at the spot. The owner of the vehicle appeared and contested the case stating, inter alia that the vehicle was insured with the Appellant- United India Insurance Company Ltd. The appellant, who was respondent before the Tribunal also filed a written statement and contested the case. In paragraph No. 6 of the written statement although the Insurance Company stated that the policy filed in the case appears to have been issued by the United India Insurance Company Ltd. Ramgarh Branch, Hazaribagh but the said policy does not mention any number in the column certificate number is blank so verification is to be made. Taking into consideration the factum of accident and the stand taken by the Insurance Company the Tribunal prima facie held that vehicle was insured and accordingly the impugned award has been passed. 4. It was seriously argued by the Counsel for the appellant that policy was not issued by the Appellant-Insurance Company from its Ramgarh Office and therefore the award against the appellant cannot be sustained in law. In order to satisfy ourselves by order dated 15.2.2007 the lower court record was called for and the Counsel appearing for the owner of the vehicle was directed to produce the original policy and the receipt showing payment of premium for the relevant period. In compliance of the aforesaid direction the owner of the vehicle filed affidavit annexing the original policy but stating that the receipt was lost. Mr. Lal learned Counsel for the appellant referred various documents and argued that the alleged original policy is a fake document and it was never issued. 5. While deciding the application filed under Section 140 of the M.V. Act the Tribunal has to consider the factum of accident and whether offending vehicle was insured with the Insurance Company.
Mr. Lal learned Counsel for the appellant referred various documents and argued that the alleged original policy is a fake document and it was never issued. 5. While deciding the application filed under Section 140 of the M.V. Act the Tribunal has to consider the factum of accident and whether offending vehicle was insured with the Insurance Company. At the preliminary stage while deciding the application under Section 140 the Tribunal is not supposed to examine the witnesses and to record findings on all the issues particularly when Insurance Company in the written statement has stated that it appears from the policy that it was issued from Ramgarh Office but it needs investigation as because the policy may be a fake document. 6. This Court as an Appellate Court cannot go into the question raised by the appellant and full-fledged trial. Prima facie it appears from the original policy that it was alleged to have been issued by the Appellant-Insurance Company, therefore, it would not be proper to interfere with the impugned award at this stage. This appeal is, therefore, dismissed. 7. Before parting with the order, we direct the Tribunal to decide the issue as to whether the alleged policy of Insurance was, in fact, issued by the Insurance Company or whether it is a fake and manufacture document. It is also made clear that the Tribunal shall not in any way be prejudiced by this order awarding interim compensation. It is also made clear that in the event the Tribunal finds that the alleged policy is a fake and manufacture document then the interim compensation of Rs. 50,000/- shall be recovered from owner of the vehicle together with interest @ 18% p.a.