ORIENTAL INSURANCE CO LTD Vs. MANJEET KAUR

JUDGEMENT

(1.) HEARD counsel for the appellant and respondents 1 and 2. Inspite of service of notice, respondent no. 3 did not appear. Perused Lower Court Records.

(2.) ADMITTEDLY , on 12.4.1991, Harpal Singh died in a motor accident. He was employed as driver on a truck, bearing registration no. DL -1G -0545 and was on duty at the time of accident. The said truck belonged to Hari Roadways (India) and Smt. Veena Bhalla was its proprietor. The truck was insured with the Oriental Insurance Company Ltd.

(3.) MR . Ajay Kumar, Counsel for the appellant submitted the driving licence of deceased Harpal Singh was a fake one and as such terms of Insurance policy was violated and so appellant was not responsible far identifying the liability of owner of the track. It was further submitted that direction to the insurer to pay 10% interest in case compensation amount fixed under the Act was not deposited by it within the stipulated time, was illegal and without jurisdiction.