NEW INDIA ASSURANCE COMPANY LTD Vs. DHARAM SINGH

JUDGEMENT

(1.) THE Appellant New India Assurance Company Limited takes exception to a judgment dated 22.05.1997 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby while awarding a compensation of Rs.1,20,000/-, the Appellant's plea that it has limited liability to the extent of Rs.50,000/- was rejected.

(2.) IT is urged by the learned counsel for the Appellant that the Appellant served a notice under Order XII Rule 8 CPC upon Respondent No.4, (Narinder Kumar, owner of the offending vehicle) and was, therefore, entitled to lead secondary evidence.

(3.) IT is true that in his examination-in-chief RW-1 T.R. Sharma testified and tried to prove carbon copy of the insurance policy as Ex.RW-1/1. However, in his cross-examination he admitted that portion mark A to A encircled on the copy of the policy Ex.RW-1/1 was not there on the original. He admitted that the word 'true copy' was written on Ex.RW-1/1. He admitted that he did not bring the office copy of the cover note or the certificate of insurance.