ORIENTAL INSURANCE COMPANY LTD Vs. DILIP KUMAR SAHA

JUDGEMENT

(1.) THE appellant Oriental Insurance Company Limited has filed this Letters Patent Appeal against the Judgment dated 1.2.1994 passed by learned Single Judge in Misc. Appeal No. 77/1992 (R), whereby the appeal was allowed and it was held that the entire amount of compensation is payable by the appellant/Insurance Company.

(2.) THE facts of the case lies in a narrow compass.

(3.) AGGRIEVED by the judgment and award the owner of the vehicle filed the appeal before this Court under Section 110D of the Motor Vehicles Act. 1939 being Misc. Appeal No. 77/92 (R). In the said appeal the respondent Insurance Company filed an application Under Order 41, Rule 27 of the Code of Civil Procedure praying the Court to allow it to adduce premium register and money receipt by way of additional evidence. In the said application it was contended that the original insurance policy was in the custody and possession of the owner of the vehicle. A counter-affidavit was also filed by the Insurance Company stating inter alia that in the written statement the company took the defence that the liability is strictly limited to the requirements of the Motor Vehicles Act i.e. to the extent of Rs. 1,50,000/-. Before the Misc. Appeal No. 77/92 (R) was taken up for final hearing, learned Single Judge passed the following order on 7.1.1994, which reads as under:--