LAWS(HPH)-2012-10-20

NEW INDIA ASSURANCE COMPANY LIMITED Vs. ROSHNI DEVI

Decided On October 11, 2012
NEW INDIA ASSURANCE COMPANY LIMITED Appellant
V/S
ROSHNI DEVI Respondents

JUDGEMENT

(1.) RECORD received. Whether reporters of the Local papers are allowed to see the judgment?

(2.) THE parties agree that the matter can be conveniently disposed of, at the admission stage itself.

(3.) SHRI B.M. Chauhan, learned Counsel for the appellant-Insurance Company submits that there is no contract of insurance inter se appellant and insured Smt. Sneh Lata, respondent because the accident had admittedly taken place on 6.6.2007 at about 4.00 pm, on Nangal-Roop National Highway, At the relevant time the vehicle in question was insured with the National Insurance Company and the cover-note of the said Insurance Company placed on record and exhibited as Ext.RW-1/A in the statement of RW1 Roshan Lal, respondent-driver. Significantly the appellant-Insurance Company had contested the petition on bonafide grounds that it is their insurance policy, whereas it was not. It also escaped the notice of the learned Tribunal, thus made the appellant liable to indemnify the alleged insured.