THE NEW INDIA ASSURANCE COMPANY LIMITED Vs. KUMARI

JUDGEMENT

(1.) THE present appeal is filed by the appellant Insurance Company seeking to impugn the order dated 28.04.2014. By the said impugned order the appellant Insurance Company has been directed to deposit the award amount within two weeks.

(2.) THE brief facts as stated in the appeal are that the claim petition was filed without impleading the appellant Insurance Company and only impleaded the driver and the owner of the offending vehicle. It is the contention of the appellant that as per the Award dated 16.01.2010 the award for Rs.4,55,344/ - was to be discharged by the insured respondent No.7 M/s/ Buds Co., the owner of the offending vehicle. Reliance is placed on para 15 of the Award which states that the liability shall be discharged by respondent No.7 as respondent No.7 did not come forward to assist in the enquiry on the face of the plea of the insurer that the Insurance Policy cannot be produced or admitted in the absence of the validity of the insurance period having not been furnished by the insured. Hence, respondent No.7 was directed to deposit the award amount.

(3.) THE Supreme Court in the case of United India Insurance Co. Ltd. vs. Shila Datta & Ors. (supra) in para 11 held as follows: -