NEW INDIA ASSURANCE CO. LTD Vs. RAMANI BEWA

JUDGEMENT

(1.) THOUGH several points were urged in support of the appeal, I find that the only aspect which requires adjudication, is whether New India Assurance Co. Ltd. (hereinafter described as the "Insurance Company") is liable to indemnify the compensation awarded.

(2.) A brief reference to the factual aspect is necessary for disposal of the appeal.

(3.) THE question is whether the owner should be given an opportunity by establishing that the vehicle was insured with the appellant. As rightly submitted by learned Counsel for appellant, it was the duty of the owner of the vehicle to place materials in support of his plea of insurance with a particular Insurance Company. Without furnishing necessary particulars, to require an Insurance Company to say whether the vehicle is insured would tantamount to asking it to locate a needle in a mountain. Lakhs of policies are issued by the Insurance Companies. Mere mention that a vehicle is insured with an Insurance Company without particulars of the policy would be insufficient to prove that the vehicle is really insured. That is why insistence is on the giving of particulars of Insurance policy. That facilitates in finding out whether as a matter of fact, a vehicle is insured or not. In this context, reference to Section 151 of the Motor Vehicles Act, 1988 (in short, "the Act") is necessary. Similar was the position under Section 98 of Motor Vehicles Act, 1939 (in short, the "Old Act"). The statutory prescription is that no person against whom a claim is made shall on demand by or on behalf of the person making the claim to state whether or not he was insured in respect of that liability by any policy issued or would have been so insured if the insurer had not avoided or cancelled the policy nor shall he refuse, if he was or would have been so insured to give such particulars with respect to that policy as were specified in the certificate of insurance issued in respect thereof. The Tribunal should insist on particulars of insurance being given by the insured. The claimant has the statutory right to get it from the insured. That would help in deciding the question of liability, i.e. whether it is to be discharged by the owner of the vehicle, or any Insurance Company. In the instant case, except mention of "New India Co., Sambalpur", there is no other material relating to any insurance. In the fitness of things therefore, the owner should get an opportunity to establish that the vehicle was insured, and if it was insured with which Insurance Company?