Full Text
Date of Decision: 03.09.2019
UNITED INDIA INSURANCE COMPANY LTD..... Appellant
Through: Mr.Anshul Mehra, Advocate
Through: Mr.S.N. Parashar, Advocate for the respondent no.1 & 3
Mr.N.K. Jha, Advocate for respondent no.4.
JUDGMENT
1. This present appeal impugns the award of compensation dated 26.05.2018 passed in MACP No. 5459/16 on the ground that the insurance policy was an “Act Only” policy and it would not cover the pillion rider of the motor vehicle.
2. The learned counsel for the appellant relies upon the dicta of the Supreme Court in Oriental Insurance Co. Ltd. Vs. Surendra Nath Loomba & Ors. (2012) 13 SCC 792.
3. However, what is to be noted is that the policy relied upon by the insurer was never produced before the Trial Court. 2019:DHC:4318 MAC.APP. No. 692/2018
4. In the circumstances, the learned Tribunal rightly assumed that the policy covered the pillion rider as well. The Tribunal has dealt with the same in paragraph 27 of the judgment, which read as under:
5. There is no justification by the appellant as to why the said policy was not produced before the learned Tribunal. The appellant is a large corporation with sufficient wherewithal to have produced the same during the trial. Neither any application has been filed for leading additional evidence nor a copy of the policy has been filed before this court.
6. In the facts and circumstances, no case is made out for interfering with the impugned order. Consequently the appeal is dismissed. Let the awarded amount be released to the claimant.
7. Statutory deposit, alongwith interest accrued thereon, be deposited into the „AASRA‟ Fund.
NAJMI WAZIRI, J SEPTEMBER 03, 2019