UNITED INDIA INSURANCE COMPANY Vs. SOMVATI & ORS.

JUDGEMENT

(1.) The attitude of the Insurance Companies in not filing the copies of insurance policies before the Motor Accident Claims Tribunals, had drawn the attention of their Lordships of the Supreme Court in National Insurance Company v. Jugal Kishore & Ors., 1988 AIR(SC) 719 In para 10 of the judgment Their Lordships observed thus :

(2.) The controversy raised in appeal now is also with regard to 'limited liability' of the appellant, the United India Insurance Company. The matter here concerns the accident which resulted in the death of Roshan Lal, who had been run over and killed by Matador No. DBL 9865. A finding of rash and negligent driving had been returned by the Tribunal against the driver of the Matador, Naresh Kumar. The liability for the payment of the amount of Rs. 8,07,912/- as compensation, was fastened upon the owner of the Matador, as also the appellant Insurance Company with which the Matador stood insured.

(3.) The only argument canvassed in the appeal by Mr. P.S. Shukla, the learned Counsel for the Insurance Company is that the liability of Insurance Company was limited to the extent of statutory liability but the learned Tribunal has erroneously held that the Insurance Company would be liable for the entire amount awarded as compensation. Reliance was placed by the learned Counsel on National Insurance Company v. Jugal Kishore, , Smt. Rajendra Kumari & Anr. v. Smt. Shanta Trivedi & Ors., 1989 AIR(SC) 1074 Surjit Kaur & Ors. v. Harbhajan Singh & Ors., 1996 ACJ 457; Oriental Insurance Company Limited v. Jaloja & Ors., 1995 ACJ 829; New India Assurance Company Limited v. Ram Lal & Ors., 1988 Supp1 SCC 506; New India Assurance Company v. Jagan Nath Singh, 1995 ACJ 683, and United India Insurance Company v. Smt. Bhiki & Ors.; S.B. Civil Misc. Appeal No. 122/88 decided on 4.1.1996, by this Court.