NEW INDIA ASSURANCE CO LTD Vs. KUNHIRAMAN NAMBIAR

JUDGEMENT

(1.) THREE persons were knocked down by a jeep KLC 4448 at about 9. 30 P. M. on 14-10-1979. Of these three, two persons Raghavan and devanarayanan died and their legal representatives filed claims for award of compensation for the loss caused by their death, under S. 110a of the Motor vehicles Act, 1939. The first respondent was stated to be the owner of the vehicle at the time of the accident and the fourth respondent, the previous owner. The second respondent was the driver, and the third respondent the insurer, speaking with reference to the array of parties before the Motor accidents Claims Tribunal. Though the first respondent was impleaded as the owner of the vehicle, there was no insurance for the vehicle in his name; it stood in the name of the fourth respondent. The Tribunal held that the vehicle was driven rashly and negligently by the second respondent driver and an award was accordingly passed for amounts of Rs. 5,600/- and Rs. 7,600/- respectively as compensation after deducting an amount of Rs. 1000/- each paid earlier to the legal representatives of the deceased persons. The insurer was made liable for payment of the amounts. Being aggrieved, the insurer has filed these appeals contending that there was no valid policy of insurance covering the vehicle in question and therefore they could not be made liable for payment of the amounts awarded.

(2.) MEMORANDUM of cross objection has been filed by the claimants in each of these appeals claiming enhanced compensation.

(3.) THE Tribunal has drawn adverse inference against the insurer by reason of the non-production of the registers maintained by them. But then it must be noted that neither the first respondent nor the fourth respondent took any steps to summon the insurer to produce any of the documents in their possession. An adverse inference could not be drawn in the circumstances, particularly when respondents 1 and 4 did not take the minimum steps that they were expected to take in the matter of summoning the insurer to produce the documents in their possession,