UNITED INDIA INSURANCE COMPANY Vs. PARWATI DEVI

JUDGEMENT

(1.) Aggrieved by order dated 31.05.2004 in M.V. Claim Case No. 11 of 1997 whereby, the defence taken by the Insurance Company was rejected and it has been made liable to pay compensation, the present Miscellaneous Appeal has been filed.

(2.) Heard the learned counsel for the parties and perused the documents on record.

(3.) The learned counsel for the appellant-Insurance Company submits that the xerox copy of the cover note filed by the claimant was not a genuine document and the said document was denied by the Insurance Company. It is contended that unless the claimant establishes that the vehicle was insured, liability cannot be fastened on the Insurance Company.