KELA DEVI Vs. RAM CHAND

JUDGEMENT

(1.) On May 9, 1985 I pronounced an order in this appeal, holding M/s. New India Assurance Company Ltd., liable to pay Rs. 1,25,000;- towards compensation. In this order I had observed that the bus was comprehensively insured with Respondent No. 3, the Insurance Company. The Insurance Company took the liability on itself to contest the claim on behalf of all the respondents and it filed a written statement on behalf of all the respondents. The liability for the payment of compensation is, therefore, of Respondent No. 3.

(2.) . The counsel for the Insurance Company appeared before me and stated that the Insurance Company have preferred an appeal against the said order to the Division Bench and that the Division Bench desired that he should re-agitate the point of the liability of the Insurance Company before me. The appeal was, therefore, re-listed for arguments on this short point.

(3.) Mr. Sabharwal, appearing for the Insurance Company, submits that it was the liability of the owner of the vehicle to produce the Insurance policy. That not having been done, the claiments should have called upon the Insurance Company to produce the copy of the policy, which too was not done. The Tribunal also could have passed an order for the production of the policy under order 11 rule 14 & 16 Civil Procedure Code . His arguments is that without compliance with these requirements of law no presumption can be drawn against the Insurance Company beyond the liability fixed by the Act 187 Only policy. In other words, his submission is that on this presumption the Insurance Company cannot be held liable for unlimited amount He has relied upon the judgment of the Madras High Court reported at 1970 ACJ Page 451.