BHARTI AXA GENEAL INSURANCE COMPANY LTD Vs. KAMLESH

JUDGEMENT

(1.) THE Appellant Bharti Axa General Insurance Company Limited impugns a judgment dated 23.12.2010 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby a compensation of Rs.8,25,500/- was awarded in favour of Respondents No.1 to 5 and the Appellant's plea of exoneration was rejected.

(2.) THE finding on negligence is not challenged by the Appellant Insurance Company, the same therefore has attained finality.

(3.) LIABILITY As far as Appellant's liability to pay compensation is concerned, it was fairly conceded by the learned counsel for the Appellant that the contract of insurance was not proved by the Appellant Insurance Company. As per Section 147 of the Motor Vehicles Act, 1988 (the Act), the Insurance Company is under obligation to cover the risk of the owner of the goods or his authorized representative travelling in a goods vehicle. The Registration Certificate (RC) of the vehicle has not been proved.