ORIENTAL INSURANCE COMPANY LTD Vs. LALITA KUMARI WIDOW

JUDGEMENT

(1.) CMP No. 969 of 2011 and CMP No. 759 of 2012 : The appellant/insurer has filed application (CMP 969 of 2011) under Order 41 Rule 27 of the Code of Civil Procedure, seeking leave of the Court to place on record the policy of insurance, on which, all the parties are otherwise placing reliance. A copy of such policy has been placed on record alongwith CMP 759 of 2012.

(2.) Mr. Ashwani K. Sharma, learned Senior Advocate representing the insurer has confined his challenge only to the extent that the pillion rider of two-wheeler was not covered under the policy of insurance and thus, the insurer could not be fastened with the liability to indemnify the insurer. He has tried to draw strength to his contention by placing reliance on judgments passed by Hon'ble Supreme Court in United India Insurance Co. Ltd. Vs. Tilak Singh and others (2006) III ACJ 1441, Oriental Insurance Company Vs. Sudhakaran K. V. and others (2008) III ACJ 2045 and General Manager, United India Insurance Co. Ltd. Vs. M. Laxmi and others (2009) I ACJ 104.

(3.) Mr. Digvijay Singh, learned counsel for the claimants, on the other hand, has contested the prayer of insurer by placing reliance on judgment passed by Hon'ble Supreme Court in National Insurance Co. Ltd. Vs. Balakrishnan and another (2013) ACJ 199.