AMANDEEP SINGH Vs. SUBA SINGH

JUDGEMENT

(1.) This order will dispose of the above-mentioned appeals as common questions of law and facts are involved in them which can conveniently be decided by a common order.

(2.) Having heard learned counsel for the parties at length on the insurance policy and the driving license, I have no hesitation to hold that the policy through M/s Cornation Insurance Brokers acting as agents of United India Insurance Company Limited was fake and the cover note dated 26.11.2011 was converted into an insurance contract on 5.12.2012 when premium of Rs. 6031/- was paid on the policy in the accounts of Insurance Company. The policy was issued on 6.12.2012 after payment of premium was received. The fatal accident took place on 28.11.2012 i.e. two days before policy under which the appellants being the owner and driver of the offending vehicle claimed indemnification by skirting the liability to pay the compensation awarded by the Tribunal and want that it should be fastened on the insurer company. It is significant to note that the vehicle in the year previous to the disputed policy was insured with the National India Assurance Company Limited by a policy covering the period from 6.12.2011 to 5.12.2012 and that policy too has been found to be fake by the Tribunal after the Insurance Company led evidence to prove that it had no legal value and not binding on the insurer.

(3.) I would notice the submission of Ms. Gill referring to the testimony of RW-2 Ashok Kumar, Assistant Manager, New India Assurance Company Limited, Branch Office, Kurukshetra stating that he was not sure whether the cover note was forged or not but at least the same was not issued from the Branch Office of the company at Kurukshetra and where it is shown to have been issued. His testimony reads in relevant extract as follows:-