NATIONAL INSURANCE COMPANY LTD Vs. VAKIL PASWAN

JUDGEMENT

(1.) THE appeal is directed against the judgment dated 06.03.2007 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby compensation of Rs. 33,000/ - was awarded in favour of Respondent no.1 and the Appellant National Insurance Company Limited was made liable to pay the compensation.

(2.) THE learned counsel for the Appellant urges that vehicle no.DL - 1G -9273 which was involved in the accident was not insured with the Appellant and, therefore, the Appellant had no liability at all to pay the compensation.

(3.) I have the Trial Court Record before me. In the Claim Petition filed by Respondent no.1, Respondnet no.2, Nemi Chand was claimed to be the owner and driver of the offending vehicle. In written statement filed by Respondent no.2 Nemi Chand(owner and driver), the involvement of the vehicle itself was denied. In reply to para 17 of the Claim Petition, it was stated that the vehicle was insured with Respondent no.3 (National Insurance Company Limited). However, in the Claim Petition, there was no Respondent no.3. Appellant National Insurance Company Limited was Respondent no.2. In any case, even if it is taken as a clerical error and it is assumed that Respondent no.2 referred the National Insurance Company Limited as the insurer, yet Respondent no.2 did not come forward or place on record any cover note or the Insurance policy issued in respect of the vehicle, to prove his averment particularly in view of the specific plea taken by the Appellant that the offending vehicle is not insured with it at all.