UNITED INDIA INSURANCE COMPANY LIMITED Vs. RESHMA

JUDGEMENT

(1.) This order shall dispose of FAO No.7053 and 6719 of 2019 and cross objections No.93 of 2021.

(2.) Three vehicles were involved in the accident. There were two tractors one of them bearing a registration No.HR-41-F-9237 which was allegedly insured with United India Insurance Co. Ltd. and the other tractor bearing registration No.HR-41-G-1062 allegedly insured with TATA AIG Gen. Ins. Co. Ltd. The third vehicle involved in the accident was a car bearing registration No.PB-02-BU-0024. The deceased was driving the aforesaid car. The correctness of the finding with regard to rash and negligent driving and apportionment of the responsibilities to pay compensation, is not being questioned by learned counsel for the parties. Thus, the findings of the Tribunal on these aspects are affirmed.

(3.) Learned counsel for the United India Insurance Co. Ltd. in FAO No.7053 of 2019, contends that the tractor No.HR-41-F-9237 was never insured with the appellant company. He draws the attention of the Court to paras 14 and 17 of the written statement disputing that the aforesaid tractor was insured by the Insurance Company. He further draws the attention of the Court to the application filed before the Tribunal, for deleting the name of United India Insurance Co. Ltd. and to direct respondent No.3 and 4 (driver and owner of tractor No.HR-41-F-9237) to produce the original insurance policy/cover note. He further draws the attention of the Court to the order dtd. 27/8/2018 passed by the Tribunal which reads as under:-