BARUN BIHARI Vs. 1ST ADDITIONAL DISTRICT & SESSIONS JUDGE-CUM-MOTOR VEHICLE ACCIDENT CLAIM TRIBUNAL, LATEHAR

JUDGEMENT

(1.) THE appellant who is the owner of the vehicle being aggrieved bi the judgment and award has filed this appeal on the ground, inter alia, that although the vehicle was insured with the Respondents -Insurance Company but the entire award has been given against the appellant who is the owner of the vehicle.

(2.) FROM perusal of the impugned judgment, it appears that the appellant neither filed written statement nor disclosed the particulars of the vehicle. However, the Respondents -Insurance Company also, al though filed written statement, but did not specifically or categorically deny or admit the insurance of the vehicle. Moreover, it is settled law that the Insurance Company also is supposed to disclose the particulars of the vehicle when it comes to its notice that a particular vehicle has met with an accident.

(3.) IN the facts and circumstances of the case, the judgment and award is modified only to the extent that the compensation amount awarded by the Tribunal together with interest shall be paid by the Respondents -Insurance Company.