ORIENTAL INSURANCE CO. LTD Vs. RAHIM ANSARI

JUDGEMENT

(1.) THE only point involved in this case is with respect to the liability of the Insurance Company- Appellant to pay the award amount under Section 140 of the Motor Vehicles Act 1988. We have heard learned counsel for the parties and perused the file and find that the appellant-Insurance Company had in clear and categorical term informed the Tribunal that in the absence of policy particulars it was not in a position to admit or deny the factum of insurance. In the absence of such stand of the appellant it was incumbent upon the Tribunal to have compelled the owner of the vehicle to furnish the policy particulars so that the appellant could have admitted or denied the factum of insurance. The Tribunal did not do so. The owner did not furnish the policy particulars. An Insurance Company, merely by the fact of its impleadment as a respondent in a claim petition can not be fastened with the liability of satisfying the award because the sine quo non of the liability of an insurer to pay the award amount is the undisputed fact of the vehicle involved in the accident being insured with it as on date of the accident. Unless either the Insurance Company admits the factum of insurance or the Tribunal, on the basis of the material on record, categorically returns its finding that the vehicle involved in the accident was insured with the impleaded Insurance Company liability cannot be fastened to pay the award amount. Section 147 of Motor Vehicles Act, 1988 reads thus :--

(2.) A bare reading of Section 147 stipulates that the liability to satisfy the award itself rests with the insurer but the liability comes into operation only when the factum of the vehicle being insured with, the impleaded Insurance Company is pleaded, proved and established beyond any doubt or the insurer in the written statement filed by it before the Tribunal admits as such.