NATIONAL INSURANCE COMPANY LIMITED Vs. MOHAMMED

JUDGEMENT

(1.) THE first respondent had filed a claim petition before the Claims Tribunal claiming compensation of Rs. 2 lakhs stating that on 4-2-1995 at about 10. 30 a. m. when he was travelling from Puttur Town to his house at Nehru Nagar in autorickshaw bearing No. CNO 8939 belonging to the second respondent and insured with the present appellant, the third respondent-driver of said autorickshaw drove it in a rash and negligent manner and dashed against a scooter coming from opposite direction and turtled to roadside resulting in accident causing injuries, including fractures to him and hence, he suffered on account of that and entitled to compensation. The second respondent-owner and third respondent-driver of the said vehicle, though appeared before the Tribunal, did not file any written statement. Written statement/objections have been filed by the appellant-insurer only denying its liability to indemnify the second respondent. However, after trial, the Tribunal allowed the said claim in part and awarded compensation of Rs. 47,600/-with cost and interest @ 9% per annum. Aggrieved by it, the appellant-Insurance Company has filed present appeal.

(2.) IT is the case of appellant-Insurance Company that the insurance coverage for the said vehicle was commencing from 2. 15 p. m. of 4-2-1995 and as such, the said vehicle had no insurance coverage at the time of accident and consequently, it is not liable to pay compensation, but said facts have not been properly appreciated by the Tribunal in spite of the stand taken by the appellant with regard to its liability, though not specific with reference to said time, and now filed application under Order 41, Rule 27 read with Section 151 of the CPC seeking permission to produce copy of insurance policy as additional evidence for the reasons mentioned in affidavits as it was not filed earlier and hence, in the circumstances, the impugned award requires to be set aside and at any rate, the matter requires to be remitted to the Tribunal.

(3.) SINCE the respondents 2 and 3 are absent and unrepresented, though served with notices of said i. A. II and appeal, heard the learned Counsels for the appellant and first respondent only and perused the record.