NATIONAL INSURANCE COMPANY Vs. UMRAVSINGH

JUDGEMENT

(1.) THIS appeal shall also govern the disposal of MA No. 978/2000.

(2.) BEING aggrieved by the award dated 3.5.2000 passed in Claim Case No. 171/1998 by MACT, Indore, the present appeals have been filed, while M.A. No. 978/2000 is filed against the award passed in Claim Case No. 170/1998.

(3.) LEARNED Counsel for the appellant submits that except the name of insurance company has been mentioned in the claim petitions there is nothing on record to demonstrate that vehicle in question was insured with Insurance Company. Learned Counsel submits that burden to prove the vehicle was insured with the appellant lies on respondent No. 1. For this contention reliance is placed on a unreported decision of this Court in the matter of The New India Insurance Co. Ltd. v. Mehtab and Anr. in CR No. 787/1998 which was disposed of vide a order dated 1.3.2000 wherein this Court has observed as under: The Civil Procedure are applicable as far as possible while conducting the claims in respect of the compensation awardable on account of the accident caused by the use of motor vehicles. The evidence cannot be treated as go-bye. In view of the pleadings averred in the written statement, it was the duty of the claimant to make an application to the Tribunal for getting the direction for production of Insurance Policy. That has not been done so far as present claim is concerned. Otherwise, the claimant should have issued a notice to the owner of the vehicle asking him to produce the policy and in the event of failure on his part should have made a request to the Court by moving an application to direct the owner of the vehicle to produce the policy. That has also not been done. The law does not help the ignorance.