NEW INDIA ASSURANCE COMPANY LIMITED Vs. RAKESH TALWAR

JUDGEMENT

(1.) Leave granted.

(2.) This appeal by the Insurance Company in respect of a motor accident which took place at 1. 00 p. m. on 17.10. 96. A Motor Accident Claims Tribunal passed an Award for Rs. 1,30,000. 00 in favour of the legal heirs of the victim of the accident. The Appellant - Insurance Company with whom the vehicle was insured on the relevant date was ordered to pay the amount awarded to the claimants. The relieved insured did not file any appeal against the Award, but the Insurance Company went to the High Court with an appeal contending that the insurance policy was actually taken by the insured only subsequent to the time of accident and therefore in the light of the decision of a three Judge Bench of this Court in Oriental Insurance Company Ltd. v. Sunita Rathi and Others [jt 1997 (9) SC 767 = 1998 (1) SCC 365] the Insurance Company cannot be mulcted with the liability.

(3.) A Division Bench of the High Court of Punjab and Haryana repelled the said plea of the Appellant Insurance Company on the sole ground that "the Appellant could not establish its plea nor did it lead any evidence in this regard. " The appeal was consequently dismissed by the High Court as per the impugned judgment.