BHAGAT RAM Vs. ORIENTAL INSURANCE COMPANY

JUDGEMENT

(1.) ORIGINAL records as requisitioned from the respondent has been produced by Mr. Sharma.

(2.) IT is admitted case of the parties that during the course of trial of complaint No. 257/2005, stand of the respondent/Insurance Company was that claim made in this case has also been paid in addition to another claim of the subsequent Insurance year. Whereas fact of the matter is that the claim in respect of subsequent accident was paid, but not in respect of the accident which is subject matter of this complaint. This has resulted in filing of the appeal by the respondent.

(3.) A perusal of the file produced by the respondent which we have examined with the assistance of the officer of the insurer present as well as of Mr. Sharma, what emerges is that, the claim file was closed because of the failure on the part of the appellant to give the particulars as well as capacity in which the other person was sitting. Here stand of Mr. Sharma was that if in law his client is liable to pay any amount they would not be remiss. But in order to examine the case needful has to be first done by the appellant by fulfilling the information.