ROYAL SUNDARAM Vs. NAURATI DEVI

JUDGEMENT

(1.) The present appeal has been preferred by the appellant - Insurance Company against the judgment and award dtd. 25/11/2019 passed by the Motor Accident Claims Tribunal, First, Jodhpur in Motor Accident Claim Case No.35/2013, whereby the learned Tribunal after framing of the issues, evaluating the evidence and hearing learned counsel for the parties awarded a sum of Rs.39,16,730.00 in favour of the claimants on account of death of one Champa lal Bhargava in an accident which occurred on 28/10/2012.

(2.) Learned counsel for the appellant-Insurance Company submitted that the award was passed on the basis of insurance cover note which was procured on the basis of forged insurance policy earlier issued by the Insurance Company. Learned counsel, therefore submits that appellant-Insurance Company is not liable to satisfy the award of compensation in the present case. Learned counsel further submits that an amount of Rs.80,000.00 was awarded towards general damages whereas as per the judgment of Hon'ble the Supreme Court in the case of National Insurance Company Ltd. vs. Pranay Sethi reported in (2017) SC 5157, the claimants are entitled for Rs.70,000.00 only towards general damages.

(3.) Per contra, learned counsel appearing for the claimants-respondents submits that the point raised by the counsel for the appellant with respect to the vehicle involved in the accident was not covered by the insurance policy, on the face of it, is not tenable as no ground with that respect or any documentary evidence was placed before the Tribunal. Therefore, the finding recorded by the Tribunal on issue No.2 is not required to be interfered with.