PURANCHAND SHIVHARE Vs. PRAFULLA KUMAR SOLANKI

JUDGEMENT

(1.) THIS appeal is filed by the owner of the offending vehicle.

(2.) THE brief facts of the case are that the respondent No. 1 Prafulla Kumar was travelling in a bus having Registration No. MBU-678. The said bus was going from Gwalior to Indore when the bus reached near Kolaras it met with an accident due to which respondent No. 1 Prafulla Kumar got injured. He filed claim application and the claims Tribunal awarded an amount of Rs. 90,000/-. However, Claims Tribunal has exonerated the Insurance Company on the ground that the claimant has failed to prove that the vehicle in question was insured. This finding was arrived at by the claims Tribunal as the Insurance Policy was not produced in the case. However, in another claim case No. 12/90 which arise out of the same accident the policy of the insurance of the offending vehicle was produced and the Tribunal has already held that the vehicle in question was insured on the date of accident.

(3.) COUNSEL for the appellant submits that the appellant has deposited an amount of Rs. 45,000/- in pursuance of the interim order passed by this Court on 9.12.1998. Considering this fact I allow this appeal and hold that the Insurance Company is liable to pay the entire amount of compensation and the present respondent is entitled to recover Rs. 45,000/- (Rupees forty five thousand only) deposited by the Insurance Company. In the result, this appeal stands allowed.