LAWS(KER)-1991-2-57

ORIENTAL INSURANCE CO. LTD Vs. SREEDHARAN

Decided On February 26, 1991
ORIENTAL INSURANCE CO. LTD Appellant
V/S
SREEDHARAN Respondents

JUDGEMENT

(1.) FIRST respondent-claimant was traveling in bus KLR 7558 on 26.3.1979. The bus reached Kattachira at 8.15 a.m. and on account of the rash and negligent manner in which the bus was driven it fell into a paddy filed and the claimant sustained injuries. On these allegations, he filed a petition claiming compensation of Rs. 77,517.60 from the driver, owner and insurer respectively of the bus. The claim was resisted on several grounds, but was allowed to the extent of Rs. 18,025/-. The Tribunal directed the insurer to pay the full amount awarded with interest and costs. The insurer, being aggrieved, has filed this appeal.

(2.) THE only contention urged by learned Counsel for the appellant is that the insurance policy issued by the insurer is an Act policy with liability towards each passenger restricted to Rs. 5,000/- as contemplated in the Act and, therefore, the Tribunal was in error in directing the insurer to pay the entire amount awarded. It is true, as pointed out by learned Counsel for the appellant, that this contention was specifically taken in the counter filed by the insurer before the Tribunal; but then the insurer did not attempt to prove the contention by producing copy of the policy before the Tribunal. The appeal was filed as early as in 1984. Even during the last seven years when the appeal has been pending during in this Court, the insurer made no attempt to produce a copy of the policy. In these circumstances, we do not think the contention of the insurer that a liability higher than what is contemplated in the Act has not been undertaken in the policy cannot be accepted.