ORIENTAL INSURANCE CO LTD Vs. VIKRAM @ SANJAY

JUDGEMENT

(1.) THE present appeal is preferred against the impugned award dated 03.08.2011, whereby the learned Tribunal has granted compensation as under: -

(2.) MR . Amit Gaur, learned counsel appearing on behalf of the appellant/Insurance Company submits that the appellant company had taken the ground before the learned Tribunal that the vehicle was not insured on the date of the accident as the cheque issued for premium was dishonoured on its presentation.

(3.) IT is an admitted fact that the appellant/Insurance Company failed to examine any witness to prove that the cheque for the premium got dishonoured and moreover the application filed under Order XLI Rule 27 CPC was dismissed by this Court vide its order dated 05.08.2013. Thus, the appellant company failed to examine any witness before the Ld. Tribunal and before this court as well on this issue.