KATARIYA TRANSPORT CORPORATION Vs. LUXMI NARAIN

JUDGEMENT

(1.) OM Prakash, J. Heard counsel for the parties. The only contention of the ap pellant is that truck No. MBO 1765 belong ing to it was insured by the New India As surance Company Ltd, respondent No. 2, and this plea was clearly set up by the appel lant in the written statement which has been duly represented in the impugned award by the Motor Accident Claims Tribunal. It is further submitted that the insurance policy Annexure 6 to the affidavit accompanying the stay application, could not be filed before the Tribunal because the impugned award was passed ex pane. The case of the appellant is that the truck being insured with the New India Assurance Company Ltd. respondent No. 2, it is the liability of the insurer to indemnify the appellant.

(2.) WE have carefully gone through the impugned award. While stating the case of the appellant the Tribunal has clearly men tioned that the contention of the appellant was that the truck was insured with the New India Assurance Company Ltd. , the policy number being 4448211459. Same insurance policy filed by the appellant is Annexure 6.

(3.) UNTIL decision of the aforesaid issue remitted to the Claims Tribunal, recovery of the liability created against the appellant will not be enforced against it. Appeal allowed partly. .