LAWS(GJH)-1985-2-26

NATIONAL INSURANCE CO. LTD Vs. NATHIBAI

Decided On February 12, 1985
NATIONAL INSURANCE CO. LTD Appellant
V/S
NATHIBAI Respondents

JUDGEMENT

(1.) THESE three appeals by the insurer challenge the awards made by the Motor Accident Claims Tribunal in three cases arising out of the same accident. The matter had gone to the Full Bench on the question of liability of the Insurer Company and that judgment is reported in 23 (1) GLR 411 and the question which was referred to the Full Bench was as under:

(2.) IN the present case the insurer has not got produced and proved the permit to show that the permit did not provide for carrying on passenger for hire or reward. In absence of the case, the insurer cannot avoid the liability and hence the contention in the present case must fail. These is no other defence available to the insurer in the present appeals ; and hence the appeals fail and are dismissed with no order as to costs.