GANESH PRASAD GUPTA Vs. PARWATI DEVI

JUDGEMENT

(1.) This civil revision has been filed against the order dated 23.5.1995 passed by the 1st Additional District & Sessions Judge-cum-M.A.C.T. in M.J.C. Case Nos. 34 and 35 of 1987, by which the prayer made by the appellant-petitioner was rejected by the learned court below regarding imposing of the interim award under Section 140 of the Motor Vehicles Act on the insurance company, although, according to the petitioner, the vehicle in question was insured with New India Assurance Co. Ltd., Bilaspur (M.P.).

(2.) It is the case of the appellant that the insurance company had issued certificate, number of which was given by the petitioner, but the same was missing and the certificate which was filed was found to be illegible and thus, the learned court below rejected the prayer that the amount of interim award can be indemnified by the insurance company.

(3.) It has been strenuously argued by Mr. S.N. Lal that as the certificate No. was given by him, the burden remains with the insurance company when the same is instrumentality of the State to indemnify the insured after searching out the policy from its office at Bilaspur. In that context, he has referred to the decision of Gauhati High Court in New India Assurance Co. Ltd. v. Joga Maya Chetri, I (1992) ACC 689 and Vidya Sagar Singh v. Shanti Devi 1995 ACJ 942 (Patna). The insurance company has totally denied its liability in as much as the vehicle in question was not insured with the insurance company. However, at this stage, I do not want to go into the merits of the case as to whether the insurance company shall be liable to indemnify the owner or not, but for the time being, the owner should pay the interim award and during the course of the trial, if it is found that the offending vehicle in question was really insured with the insurance company then the said payment may be reimbursed by the insurance company. But it should be mentioned here that only by denial, the insurance company cannot absolve its liability. The insurance company must satisfy the court that such policy was never issued from its office at Bilaspur otherwise presumption may be that the same stands in the name of insured. It remains the bounden duty to produce the policy and other documents by the insurance company before the court/Tribunal for the verification for absolving it of its liability of indemnification. With this observation and direction, this civil revision petition is rejected.