UNITED INDIA INSURANCE CO LTD Vs. MULLO DEVI

JUDGEMENT

(1.) This judgment shall govern the disposal of both Misc. Appeals No.700/2015 and 701/2015, as both the appeals have arisen out of the common Award dated 2.5.2015 passed by Twelfth Additional Motor Accident Claims Tribunal Gwalior in Claim Cases No. 70/2014 and 71/2014.

(2.) It is not necessary to narrate the entire facts in detail as to the manner the accident has occurred, to burden the judgment on the said issues. It is only the liability on the part of the insurance company to pay the compensation is being considered and decided in succeeding paragraphs.

(3.) Both the appeals have been filed by Insurance Company assailing the impugned award on the ground that the driving licence of the driver of the insured vehicle was forged. And the owner of the offending vehicle has not entered into the witness box to establish the fact that he did not permit his vehicle to be plied in contravention of Sections 3 & 4 of the Motor Vehicles Act. Therefore, an adverse inference deserves to be drawn against the owner and the insurance company deserves exoneration of the liability to pay the amount of compensation. In support of his submissions, learned counsel for the insurance company placed reliance on the judgments in the cases of United India Insurance Co. Vs. Gian Chand) [1997 ACJ 1065]; National Insurance Company vs. Bundu Khan [MACD 2008 (1) (MP) 198]; National Insurance Co. Vs. Kusum Rai [2006 ACJ (2) 1336 (SC)]; United India Insurance Company vs. Rakesh Arora [2008 ACJ 2855]; Bhuwan Singh vs. Oriental Insurance Company, [2009 (3) TAC 33 (SC)]; Pappu vs. Vinod Kumar [2018 (1) TAC 360 (SC)]; and, United India Insurance Company vs. Sujata Arora [2013 (3) TAC 29 (SC)]. It has also been submitted that the amount of compensation awarded by the Claims Tribunal is otherwise inflated and the same deserves to be suitably reduced.