NATIONAL INSURANCE COMPANY Vs. MAHENDRA PRASAD

JUDGEMENT

(1.) IN this case, National Insurance Company is appellant against the judgment and award dated 18.1.93 passed by the Motor Accident Claims Tribunal, Rohtas at Sasaram by which the tribunal has granted total compensation of Rs. 30,000/ - to the victim who was injured as a result of the accident. The dispute is between the insurer and the owner of the vehicle in question. In this case, quantum of compensation is not being disputed or denied. In support of this appeal, learned counsel for the appellant submitted that having regard to the terms and condition of the insurance policy, the company is liable to pay Rs. 15,000/ - only by way of compensation inasmuch the owner was paying a sum of Rs. 12/ - each for 9. passengers by way of premium, as such the liability of the insurance company is Rs. 15,000/ - This fact has been accepted by the tribunal but has been rejected only on the ground that the insurance paper which has been produced, has not been proved in accordance with the Evidence Act. It is well settled principle of law that the proceeding before the tribunal is a summary proceeding and the provision of the Evidence Act will not be applicable in such proceeding. Reference in this connection, may be made to a decision in the case of Geeta Devi & others vs. Amrik Singh & others reported in 1990 ACJ 484. Accordingly, I accept the submission of the learned counsel for the appellant and modify the award to the extent that the Insurance company namely, appellant is liable to pay a sum of Rs. 15,000/ - only and rest amount shall be payable by the owner of the vehicle in question.

(2.) IT is stated by learned counsel for the appellant that entire amount has already been deposited under the order of this Court and as such Insurance Company is liable to realise the said amount from the owner of the vehicle in question. Accordingly, the claimant respondent may withdraw the amount from the counsel and the Insurance Company shall be entitled to realise the said amount from the owner of the vehicle in question. This appeal is, accordingly, allowed to the extent indicated above. No cost.