UNITED INDIA INSURANCE CO. LTD. Vs. CHANDRA MARANDI

JUDGEMENT

(1.) HEARD the parties.

(2.) THIS appeal by the Appellant -Insurance Company is directed against the award of interim compensation awarded by the Motor Vehicle Accident Claims Tribunal, Godda in Title Claim Case No. 47/05 and directed the Insurance Company to pay a sum of Rs. 50,000.00 .

(3.) IT was seriously argued by the Counsel for the appellant that policy was not issued by the Appellant -Insurance Company from its Ramgarh Office and therefore the award against the appellant cannot be sustained in law. In order to satisfy ourselves by order dated 15.2.2007 the lower court record was called for and the Counsel appearing for the owner of the vehicle was directed to produce the original policy and the receipt showing payment of premium for the relevant period. In compliance of the aforesaid direction the owner of the vehicle filed affidavit annexing the original policy but stating that the receipt was lost. Mr. Lal learned Counsel for the appellant referred various documents and argued that the alleged original policy is a fake document and it was never issued.