DATTATRAYA Vs. LALITA NARAYAN HUSLAR

JUDGEMENT

(1.) THE respondent No. 1 who was minor on the date of the accident, that is, 19. 9. 1985, filed petition for compensation of Rs. 90,000 for the injuries sustained by her in the accident on the above said date at about 11 a. m. near kasarkod on account of rash and negligent driving of the motor cycle bearing No. Cne 1376. After making an enquiry, the tribunal has awarded only Rs. 11,000 as the compensation, and has exonerated the insurance company from its liability to satisfy the award. Being aggrieved by this, the present appeal arises.

(2.) MR. Rashid khan, learned counsel for the appellants submitted that there was a valid policy on the date of the accident. As such the insurance company is liable. On the other hand Mr. Chinnappa k. Kambeyanda supported the judgment and award of the lower court. Policy is now produced. The copy of it is also given to Mr. C. k. kambeyanda. No doubt the number of the vehicle is not mentioned. But the engine number, chassis number and the name of the registered owner are all found in the policy. This policy was valid from 14. 2. 1985 to 13. 2. 1986. Since the insurance company has not come up with any evidence to show that the vehicle involved in the accident was having a different engine and chassis number other than mentioned in the policy, in the absence of any cogent evidence it has to be taken that engine number, chassis number and the registered owner mentioned in the policy are only in respect of the vehicle involved in the accident, that is, cne 1376. In view of this, I am inclined to hold that the insurance company is liable to pay the compensation. Hence the following order: in the result, the appeal is allowed. The judgment and award dated 25. 4. 1989 is set aside and the respondent No. 2 is liable to satisfy the award. Appeal allowed.