NEW INDIA ASSURANCE CO LTD Vs. VIMLA

JUDGEMENT

(1.) ON behalf of appellant's counsel, Mr. Maheshwari prayed for adjournment. True, as per order dated 29. 10. 1990, this appeal, which is nine years old, could not be disposed of as respondent No. 5 has remained unserved. Steps had to be taken by appellant in that regard and that default apparently continues.

(2.) IN the circumstances aforesaid, this appeal is disposed of on merits. This is insurer's appeal who challenges its joint liability under the award which is passed for a petty sum of Rs. 5,000/ -. The contention is that respondent No. 5 was the insured person and he had effected transfer of the vehicle to respondent No. 3, but no transfer was effected in respect of the policy of insurance which had been issued to him. True, the award is passed jointly against him and two others including respondent No. 3.

(3.) FROM records, I find that the insurer appellant had amended the written statement on 6. 12. 1979 claiming exoneration of liability under 'general exceptions'. That is stated in amended para 12. No doubt, therefore, that it was the burden entirely of the insurer to establish the plea to claim exoneration of liability under an 'exception. In my opinion, he failed to do so for the short reason, to be stated hereinafter.