(1.) This matter is covered by judgment dated 26.3.96 passed by this Court in M.A.(F) No. 78 of 1990 (National Insurance Co. Ltd -Vs- Sri Sitaram Sharma and Ors.).
(2.) The facts are not necessary to be recited for the disposal of this case. The only argument advanced by Sri Sarma, Learned Advocate for the appellant is that owner of the vehicle did not inform the Insurance Company regarding the accident and as such there was delay in making of payment and as such the insurance company is not liable for delay in making payment. This is a matter to be sorted out between the insurer and insured and this contention is untenable and accordingly stands rejected.
(3.) Accordingly, this appeal is dismissed as ordered in M.A.(F) No. 78 of 1990. The insurer will have the liberty to proceed with the claim against the insurer. The payment shall be made within a period of two months from the date of receipt of this order.