SATINDER SHARMA Vs. ORIENTAL INSURANCE CO LTD

JUDGEMENT

(1.) THERE is a delay of 491 days in filing the appeal and 46 days in refilling the appeal. For the reasons stated in the applications, the same are allowed. The delay in filing and refilling the appeal is condoned.

(2.) THE Appellant Satinder Sharma, owner of vehicle number HR- 51-GA-5891 which caused injuries resulting in death of Karan, impugns the judgment dated 17.10.2005 passed by the Motor Accident Claims Tribunal (the Tribunal) whereby while awarding compensation in favour of the Claimants to be paid by the Oriental Insurance Company, the Insurance Company was given right to recover the compensation from the Appellant.

(3.) IT is well settled that once insured proves that the accident is covered by the compulsory Insurance Clause, the onus is on the insurer to prove that it comes within an exception. The Insurance Company in order to avoid its liability is not only to show that the condition laid down under Section 149 (2) (a) or (b) are satisfied but it is further required to establish that there was a willful and conscious breach of the terms of the policy.