LALTA BAI Vs. SANJAY KHARVANI

JUDGEMENT

(1.) This appeal is Claims Tribunal, Mandla, in M.V.C. No. directed against the award dated 28.9.1994, 3 of 1992. passed by 2nd Additional Motor Accidents

(2.) Accident took place on 15.12.1988 in which Virandas (25) died. Allegation is that the vehicle was being driven rashly and negligently, resulting in accident and death of the deceased. Compensation of Rs. 90,000 has been awarded. Through this appeal, enhancement is sought apart from liability to pay compensation by the insurance company, which has been exonerated by the Claims Tribunal on the ground that it was not proved that the vehicle was insured with the insurance company.

(3.) The claimant has filed the insurance policy in this court. There is no dispute with regard to the factum of vehicle being insured with Oriental Insurance Co. Ltd. Even in the absence of insurance policy, the Claims Tribunal should have held the insurance company responsible, since it failed to file written statement in the case and deny the statement of the claimant that the vehicle was insured with it. However, by production of the insurance policy, it is proved that the offending vehicle is covered by the insurance policy.