LAWS(DLH)-2009-3-24

ORIENTAL INSURANCE CO LTD Vs. SATPAL

Decided On March 31, 2009
ORIENTAL INSURANCE CO. LTD Appellant
V/S
SATPAL Respondents

JUDGEMENT

(1.) THE appellant has challenged the award of the learned Tribunal on the ground that the offending vehicle bearing No. HR 38-0739 was never insured with the appellant.

(2.) THIS case is a classic example of the insurance company raising frivolous pleas before the learned Tribunal as well as before this court resulting in wastage of judicial time, delay of trial, harassment to the insured and delay in payment of compensation to the legal representatives of the deceased victim of road accident.

(3.) THE appellant appeared before the learned Tribunal and filed an application dated 3.11.1988 under section 151 of the Code of Civil Procedure for deletion of their name from the array of the respondents on the ground that the cover note No. 431483 in the name of Amit Khurana for the period from 12.9.1995 to 11.9.1996 was issued for vehicle No. HR 38-6739 but vehicle number has been fraudulently changed to HR 38-0739. It was submitted that there was manipulation in the insurance policy by changing the vehicle No. from HR 38-6739 to HR 38-0739.