ORIENTAL INSURANCE CO. LTD. Vs. BACHAN SINGH

JUDGEMENT

(1.) ORIENTAL Insurance Company Limited has filed this appeal calling in question Motor Accidents Claims Tribunal, Rajouri's award of November 8, 2002 awarding an amount of Rs. 1,80,000/ - along with interest @ 9% per annum, to respondent Nos. 3 and 4 as compensation for the death of Mohd. Faisal, their son who had died while working as cleaner with Truck No. JK02A -4411 when it had met with an accident on August 11,1999 at Digdol near Ramban.

(2.) LEARNED Counsel for the appellant, Mr. Vishnu Gupta has raised a short submission to question the award of the Tribunal saying that after having recorded a finding that the owner of the vehicle had got vehicle No. JK02A -4411 insured with the appellant on the basis of fake registration certificate and route permit whereas registration No. JK02A -4411 pertained to a motorcycle and not the truck in question, there was no justification for Tribunal's holding the appellant liable to indemnify the owner of the vehicle to satisfy the award.

(3.) LEARNED Counsel appearing for the claimants, Mr. Harbans Lal, Advocate, on the other hand, submitted that the certificate produced by the appellant before the Tribunal had not been proved by the appellant in terms of the provisions of the Evidence Act by producing the person issuing the certificate and the records of the office of Regional Transport Officer, on the basis whereof, the certificate was shown to have been issued, and in that view of the matter no reliance can be placed on the findings of the Tribunal that the particulars supplied by the owner of the vehicle to the insurer were fake. He submitted that claimants cannot be deprived of the fruits of the welfare legislation contemplated by Chapter X to XII of the Motor Vehicle Act, 1988.