NEW INDIA ASSURANCE CO LTD Vs. SASHIMANI SAHU

JUDGEMENT

(1.) Insurer is the appellant under Section 110 -D of the Motor Vehicles Act, 1939 (for short 'the Act') assailing the maintainability of the claim application in view of getting compensation under the Workmen's Compensation Act, 1923.

(2.) MR . P. Roy, the learned counsel for the appellant, has based his entire submission on the last sentence of the statement of P. W. 1 in cross -examination, which is to the following effect : '...I have already got a compensation of Rs. 7,000/ - and odd under the Workmen's Compensation Act,' No objection to the maintainability of the claim petition was taken in the written statement of the insurer. No document has been fifed which would have been best evidence to justify the statement of P. W. T.

(3.) I am inclined to hold that the submission of Mrs. Padhi has strong force. The prohibition under Section 110 -AA of the Act ought not to -be applied on account of a confused statement of the claimant when the best evidence which could have been produced has not been available for appreciation of the point The insurer cannot take any assistance of the decisions of this Court which were tendered on the facts available in the case.