JUDGMENT : Mansoor Ahmad Mir, J. Challenge in this appeal is to the judgment and award dated 24.4.2008, made by the Motor Accident Claims Tribunal Kangra at Dharamshala, in MAC Petition No. 29-D/06, titled Rahul Katoch versus Naresh Pal Singh and others, for short “the Tribunal”, whereby compensation to the tune of Rs.2,76,180/- alongwith interest @7 ½ per annum came to be awarded in favour of the claimant and insured was saddled with the liability, hereinafter referred to as “the impugned award”, for short. 2. The claimant, insurer and driver have not questioned the impugned award on any ground, thus it has attained finality so far it relates to them. 3. The insured/appellant has questioned the impugned award on the ground that the vehicle was insured at the relevant point of time but unfortunately, the insurance policy was not produced before the Court at the relevant point of time, which was in force w.e.f. 25.11.2005 to 24.11.2006. He has filed application CMP No. 630/2008 before this Court for taking on record the insurance policy. The insurer has resisted the same on the grounds taken in the memo of application. The application is granted and the insurance policy is taken on record. The application is disposed of. 4. The learned proxy counsel for the insurer has sought adjournment. The claimant is suffering right from 13.4.2006 and is victim of a vehicular accident, has been dragged from pillar to post and post to pillar. Both the insurance policies have been issued by the insurance company. It was obligatory on the part of the insurance company to disclose the insured that the policy was effective from 25.11.2004 to 24.11.2005 and because of the inadvertence of the learned counsel for the appellant, before the Tribunal, the claimant has suffered. The documents on the file do disclose that the vehicle was insured w.e.f. 25.11.2004 to 24.11.2005 and the accident has taken place on 28.8.2005. Having said so, the insurer has to indemnify the award. Accordingly, the insurer is saddled with the liability. 5. Viewed thus, the appeal is allowed and the impugned award is modified as indicated hereinabove. 6. The insurer is directed to deposit the entire amount within eight weeks from today.
Having said so, the insurer has to indemnify the award. Accordingly, the insurer is saddled with the liability. 5. Viewed thus, the appeal is allowed and the impugned award is modified as indicated hereinabove. 6. The insurer is directed to deposit the entire amount within eight weeks from today. The Registry, on deposit of the amount, is directed to release the same in favour of the claimant, strictly, in terms of the conditions contained in the impugned award, through payee’s cheque account. 7. The statutory amount deposited by the insured is awarded as costs in favour of the claimant and be released in favour of the claimant. 8. The appeal stands disposed of alongwith pending applications, if any. 9. Send down the record, forthwith, after placing a copy of this judgment.