NATIONAL INSURANCE CO LTD Vs. SARADA PATRA

JUDGEMENT

(1.) AWARD dated 10. 10. 91 passed by the Second M. A. C. T. , Cuttack in Misc. Case Nos. 120 and 240 of 1984 is assailed by National Insurance Co. Ltd. in both these appeals.

(2.) MR. P. Roy, learned counsel for the appellant relying on the decisions of Orissa high Court reported in New India Assurance Co. Ltd. v. Ramani Bewa, 1992 (2)TAG 576 and Oriental Fire and Genl Ins. Co. Ltd. v. Raghunath Muduli, 1992 ACJ 117 (Orissa), submitted that in absence of insurance policy of the offending vehicle, compensation could not be saddled on the insurer alone. In the said decisions, Orissa high Court has observed as follows:

(3.) AFTER going through the impugned award, on the ratio of the decisions of the supreme Court supra this court finds that in absence of the insurance policy or its number it was not possible for the appellant insurance company to either deny or admit its liability to pay the compensation. In consonance with Motor Vehicles Act, the liability to pay compensation is of the owner and only by virtue of an insurance policy, the insurer is liable to reimburse and/or pay the compensation on behalf of the owner. In view of the aforesaid position of law it was the responsibility of the owner of the offending vehicle to prove that the vehicle had been insured and the insurance policy was valid on the date of the accident. In absence of such materials it was not justified to direct the appellant to pay the compensation amount. In view of such infirmity in the impugned award, this court has no hesitation to set aside the same and remand the matters to the learned tribunal for a de novo hearing and fresh disposal of the cases. Liberty is granted to the owner of the offending vehicle to furnish particulars of the insurance policy. Liberty is also granted to the appellant insurance company to adduce additional/ rebuttal evidence, if so advised. Learned tribunal is directed to dispose of the cases as expeditiously as possible, preferably within a period of 8 months if there will be no impediment. Both the miscellaneous appeals are accordingly disposed of. The L. C. Rs. be sent back. Orders accordingly.