ORIENTAL INSURANCE CO Vs. SRIRAM

JUDGEMENT

(1.) THE Insurance Company had failed to produce any witness in the Court. THE case of the Insurance Company was not proved by producing any witness. THE learned Single Judge has observed that passengers were travelling in the vehicle after making payment. THE Insurance Policy was neither produced nor proved by the Insurance Company.

(2.) LEARNED counsel for the Insurance Company made a feeble attempt by saying that true copy of the policy has been filed, yet not proved. We directed the learned counsel to show the document as alleged by him from the record. It was not traced. So what is concluded, is that the terms of the contract of the Insurance Policy were never brought before the Court either by filing a document or by producing any evidence aliunde. In absence of the terms of the contract, brought before the Court, it was not possible for the Court to come to a conclusion as desired by appellant. Third party has made payments for travelling in the vehicle and the Insurance Company has insured the vehicle, whatever the insurance company can be made to pay only statutory amount was not properly established by Company as no evidence in this regard was produced by it. Thus, the findings recorded by the Tribunal and that of first appellate court are not liable to be interfered with. Hence, the appeal having no force is hereby dismissed. .