NATIONAL INSURANCE CO. LTD Vs. GULABSINGH

JUDGEMENT

(1.) ORDER A.M. Sapre, J. 1. Insurance Company has felt aggrieved of an award dated 25.11.1993, passed in Claim Case No. 1/91 by learned M.A.C.T., Mandsaur, holding them liable to pay the compensation awarded to respondent No. 1 (claimant) for the injuries suffered by him in an accident and hence filed this appeal under Section 173 of Motor Vehicles Act.

(2.) THE only question, therefore, that falls for consideration in this appeal is whether Tribunal was justified in holding Insurance Company liable. So far as respondent No. 1 (claimant) is concerned, he has not questioned the legality of an award by claiming more compensation than what is awarded by filing cross-appeal or cross-objection and hence an award to that extent awarding compensation has become final. The only question is whether any case is made out for exoneration of Insurance Company?

(3.) IN the opinion of Tribunal these two defences were formulated in Issue Nos. 5 and 6 and were answered against the Insurance Company by holding inter alia that burden to prove these two issues was on Company and it failed to discharge the said burden by leading evidence. It was held that owner of offending vehicle having been proceeded ex-parte, the entire burden lay on the Insurance Company which as held supra was not discharged resulting in liability on them.