JUGAL KISHORE Vs. PRABHA MATHUR

JUDGEMENT

(1.) THIS is an appeal against award dated 1-4-1982 in Accident Claims Case No. 83 of 1978 decided by the Motor Accidents Claims Tribunal, Kota. The owner of the truck Jugal Kishore has filed this appeal Mr. Singhvi submits that the insurance company is liable to full extent because the insurance company has failed to prove that the liability was limited to Rs. 50,000/- only.

(2.) I enquired from learned Counsel for the appellant whether he caa show from the policy that the liability was unlimited or it was comprehensive of such a nature that the liability could be more than 50,000/-. Instead of showing a clause from the policy Mr. Singhvi, who appears for the appellant submitted that no evidence has been recorded to this effect. In my view oral evidence is immaterial when a document in the nature of a policy is available and produced in the case. The terms of insurance policy are gathered, construed and interpreted upon and adjudicated upon by reading of the policy and not oral evidence. Oral evidence in such cases is of no avail whatsoever, in view of Sections 91, 92 of Evidence Act, which reads as under : Section 91

(3.) HOWEVER , it is made clear that whenever it is established that the vehicle was insured then the duty to produce policy or copy of it is on the insurance company and the victim cannot be deprived of the benefit of insurance or its entire payment, unless the contrary is shown by the insurance company.