NEW INDIA ASSURANCE CO LTD Vs. SURAIYA BEGUM

JUDGEMENT

(1.) NEW India Assurance Co. Ltd. by way of present appeal has assailed the award dated 28.11.94 wherein Motor Accidents Claims Tribunal awarded compensation of Rs. 2,30,000 in favour of the claimants and directed the insurance company to pay the entire award holding that insurance company had failed to prove that its liability was limited.

(2.) IT is not disputed by the appellant insurance company that it has not brought on record of the Tribunal the insurance policy. IT is submitted that the insurance company could not produce the carbon copy/original insurance policy in question as the same got misplaced and was not traceable. However, the same got traced after passing of award and was being filed along with the appeal and a prayer was made that this carbon copy should be considered by the court under Order 41, rule 27 of Civil Procedure Code.

(3.) IN view of the fact that the insurance company had charged Rs. 240 as premium whereas premium for 'Act only liability', as per tariff rules, was Rs. 200,I consider that the insurance company had unlimited liability. The premium schedule as given and tariff rates are as under: <IMG>JUDGEMENT_539_ACJ_2012Image1.jpg</IMG>