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2020 DIGILAW 2005 (KAR)

Deputy Manager United India Insurance Co. Ltd. Regional Office, Bengaluru v. D. Venugopal

2020-10-06

NATARAJ RANGASWAMY

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JUDGMENT Nataraj Rangaswamy, J. - This appeal is filed by the insurer challenging the liability fastened on it by the Tribunal to pay the compensation awarded by the Tribunal. 2. The claim petition before the Tribunal discloses that the claimant was riding a Honda Activa Scooter bearing registration No.KA-05-ET-1181. She stated that when she reached B.K.Circle at Kothanur main road, a goods tempo bearing registration No.AP- 03-W-0081 came in a rash and negligent manner from the opposite direction and dashed against the Honda Activa scooter. As a result, she sustained grievous injuries and shifted to Apollo Hospital. The claimant made a claim for a sum of Rs.15,00,000/-. 3. The appellant / respondent No.1 before the Tribunal contended that it had not insured the goods tempo bearing registration No.AP-03-W-0081 and that the claimant had unlawfully tampered the insurance policy to seem as if the registration number of the vehicle was AP-03-W-0081. 4. The Tribunal considered the evidence on record and awarded compensation of a sum of Rs.5,36,000/-. The Tribunal further directed the insurer and the owner of the vehicle to jointly and severally pay the compensation. 5. The insurer is in appeal challenging its liability on the ground that the insurance policy (Ex.P13) related to a vehicle bearing No.AP-03-T-0081 and that the registration number of the vehicle in the insurance policy was tampered to seem as if the registration number of the vehicle was AP-03-W-0081. In short, the insurer claimed that it had not insured the vehicle bearing registration No.AP-03-W-0081. 6. The insurer brought to the notice of this Court, Ex.R1 which is the extract of B register of the goods vehicle bearing registration No.AP-03-W-0081 which indicated the registered owner of the said vehicle as Mr.Irfan and that he had transferred the said vehicle in favour of Mr.S.Karimullah. The insurer has also placed on record Ex.R2 which is the insurance policy for the goods vehicle bearing registration No.AP-03-T-0081 which also indicates the owner of the vehicle as Irfan. The counsel for the insurer would contend that the engine number and the chassis number of the vehicle bearing registration No.AP-03-T-0081 are 832977 and 811840 respectively. Thus, the learned counsel for the appellant insurer contended that the engine number and chassis number is different from B extract issued in respect of the vehicle bearing registration No.AP-03-W-0081. The counsel for the insurer would contend that the engine number and the chassis number of the vehicle bearing registration No.AP-03-T-0081 are 832977 and 811840 respectively. Thus, the learned counsel for the appellant insurer contended that the engine number and chassis number is different from B extract issued in respect of the vehicle bearing registration No.AP-03-W-0081. He therefore, would contend that the insurance policy at Ex.P13 is fabricated by the claimants to lay an unlawful claim. 7. Per contra, the learned counsel for the respondent Nos.1 and 2 submits that the insurance policy (Ex.P13) relating to the vehicle bearing registration No.AP-03-W-0081 would indicate the owner of the vehicle be one Mr.Irfan. Further, Ex.P13 would disclose that the registration number (AP-03-T-0081) in Ex.P13 was scored off and it was corrected as AP-03-W-0081 and the correction was counter signed by the insurer. Further, the claimant placed on record Ex.P14 which is the B extract of the motor vehicle bearing No.AP-03-T-0081 which discloses that it related to a tractor trailer used for agricultural purposes registered in the name of one Mr.S.Ramaiah Naidu and later transferred to one Mr.M.Venkatesulu. 8. The learned counsel for the respondent / claimant contends that the registration No.AP-03-T- 0081 was not the one involved in the accident but the vehicle bearing registration No.AP-03-W-0081 was the offending vehicle. 9. Ex.P13 is a copy of the policy of insurance of the vehicle purportedly relating to registration number AP-03-W-0081. It is seen from this document that the registration number AP-03-T-0081 was scored off and replaced by AP-03-W-0081 and correction is counter signed. The insured is a person named Mr.Irfan. The engine number and chassis number in Ex.P.13 are 832977 and 811840 respectively. Ex.P14 is the B extract of vehicle bearing registration number AP-03-T-0081 and this is a tractor trailer in the name of Mr.M.Venkatesulu. When Ex.P13 is compared with Ex.R2 (Insurance policy of AP-03-T-0081), the engine number and chassis number are the same and the name of insured is also same (Mr.Irfan). Thus, it is evident that the insurer had corrected the registration number as AP-03-W-0081 in the copy furnished to the insured but did not make corresponding corrections in its office copy. It therefore, follows that the mistake in mentioning the registration number of the vehicle as AP-03-T-0081 instead of AP-03-W-0081 was attributable to the insurer. 10. Thus, it is evident that the insurer had corrected the registration number as AP-03-W-0081 in the copy furnished to the insured but did not make corresponding corrections in its office copy. It therefore, follows that the mistake in mentioning the registration number of the vehicle as AP-03-T-0081 instead of AP-03-W-0081 was attributable to the insurer. 10. In that view of the matter, the Tribunal has rightly held that the vehicle which was involved in the accident was bearing registration No.AP-03-W-0081 and thus rightly fastened the liability to pay the compensation upon the insurer / appellant herein. I do not find any error in the Judgment and Award passed by the Tribunal and hence, this appeal is dismissed . The amount in deposit is directed to be transmitted to the Tribunal.