BRANCH MANAGER NATIONAL INSURANCE COMPANY LTD Vs. GANGAMMA

JUDGEMENT

(1.) THE petitioners in M. V. C. No. 406 of 1995 are awarded compensation of Rs. 15,900/- with interest at 6% per annum from the date of petition till the date of payment. The Tribunal directed the appellant and the sixth respondent to pay the compensation equally. The appellant seeks avoidance of liability on the ground that there was no policy of insurance as on the date of accident. The petitioner has not stated the policy particulars in the petition. Ex. P. 3 is the police notice which describes the policy particulars as P. No. 484656/dn-Code No. 602005 NIC valid upto 20-4-1995. The policy should have been issued with effect from 21-4-1994 for a maximum period of one year as per Tariff Regulations. The accident had occurred on 18-4-1994 at 8. 00 p. m. in the night. Therefore, it is explicit that the policy under Ex. P. 3 is issued subsequent to the accident. In the absence of the policy, the insurer is not liable to pay compensation. The petitioner has failed to discharge the burden of showing the existence of the policy. The insurer cannot be expected to produce the policy in the absence of necessary particulars being furnished. In that view, the appeal is allowed. The liability fastened on the appellant by the Tribunal is set aside. The owner of the vehicle shall pay the compensation. Amount in deposit be refunded to the appellant.