UNITED INDIA INSURANCE COMPANY LTD Vs. KAMLA RANI

JUDGEMENT

(1.) These two matters arising out of claims for compensation under Sec. 110 of the Motor Vehicles Act, 1939 were referred to a Full Bench as it was felt that there were conflicting opinions on the admissibility of the copy of the Insurance Policy in evidence and the onus to prove the terms of the policy.

(2.) In FAO No. 1154 of 1988 the learned Judges of a Division Benches of this Court noticed the conflicting views taken by two different Division Bench in The Jullundur Transport Co-operative Society Ltd. Vs. Mrs. Raj Walia and others, (1989-1)95 P.L.R. 259 and Oriental Insurance Co. Ltd. v. Chandrawati etc., 1989(1) P.L.R. 240, in regard to the production of the copy of the Insurance Policy and the exhibition thereof by the Court without any formal proof of the execution of the policy. The learned Judges also observed that another point of "similar importance regarding the onus to prove the terms of the policy whether the onus is on the insured or on the Insurance Company" also arises. Therefore, their Lordships directed the papers to be placed before Honourable the Chief Justice for deciding the matter by a larger Bench.

(3.) In LPA No. 372 of 1985, the Division Bench noticed the conflict in The Jullundur Transport Co-operative Society Ltd. Vs. Mrs. Raj Walia and others, (1989-1)95 PLR 259, General Assurance Society Ltd. Vs. Avtar Singh and others, (1986-1)89 PLR 683, Sh. Puran Chand and others Vs. Sh. Balbir Singh and others, (1986-1)89 PLR 561, Ranjit Singh and another Vs. Miss Pooja Madan and others, (1990-1)97 PLR 76, M/s Azad Nakodar Bus Service and another Vs. Harbans Singh and others, (1989-2)96 PLR 485, Smt. Kako Devi and others Vs. Gian Parkash Gupta and others, (1990-1)97 PLR 483, and observed that there is a conflict in these decisions and the same is required to be settled by a Full Bench. Therefore, the Letters Patent Appeal was directed to be heard by the Full Bench alongwith the aforesaid FAO No. 1154 of 1988. Thus both the matters have been placed before us to resolve the conflict of the decisions noticed by the different Division Benches of this Court.