ORIENTAL INSURANCE COMPANY LIMITED Vs. H A RAMEGOWDA

JUDGEMENT

(1.) THE petitioner in M. V. C. No. 301 of 1996 sustained personal injuries in the motor vehicle accident. The Tribunal awarded a compensation of Rs. 1,70,500/- with interest at 6% from the date of petition till payment. The Tribunal directed the insurer to pay the compensation. The insurer is in appeal seeking avoidance of the liability.

(2.) THE material portions of the discussion with regard to the insurance policy is found in para 14 of the judgment, which is extracted hereunder:

(3.) THE reasons stated by the Tribunal are patently wrong. It is for the petitioner to prove the existence of policy. The insurer has categorically established that the policy issued is with effect from 18-5-1993 to 17-5-1994 and the accident has taken place on 11-5-1993. Obviously, the vehicle is not covered by insurance. The Tribunal committed an error in placing burden on the insurer to establish that there was no insurance for the earlier period. In that view, the finding of the Tribunal is bad in law and the same is set aside. The award made against the insurer is set aside. The compensation awarded by the Tribunal shall be payable by the owner. The amount in deposit shall be refunded to the appellant. Accordingly, the appeal is allowed.