JAYA NAND KHANDURI Vs. NEW INDIA INSURANCE COMPANY LTD. THROUGH DIVISIONAL MANAGER AND ANOTHER
HIGH COURT OF UTTARAKHAND
Jaya Nand Khanduri
New India Insurance Company Ltd. Through Divisional Manager
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Rajesh Tandon, J. -
(1.)HEARD Sri N.S. Kanyal, Counsel for the appellant and Sri H.M. Bhatia, Counsel for the respondent No. 2. All the aforesaid A.Os. have been filed against the award dated 30.3.2006 passed by the learned Motor Accident Claims Tribunal/District Judge Rudraprayag (Motor Accident Claim petition No. 47 of 2005, Motor Accident Claim Petition No. 45 of 2005, Motor Accident Claim Petition No. 52 of 2005, Motor Accident Claim Petition No. 58 of 2005).
(2.)BRIEFLY stated, the respondent No. 2 is the owner of the Motor Vehicle Bus No. UP. 06/3930 and the same met with an accident on 2.9.2005. As a result of the accident, appellants got injured and claim petitions were filed before the M.A.C.T. Rudraprayag bearing Nos. 55 of 2005, Motor Accident Claim Petition No. 47 of 2005, Motor Accident Claim Petition No. 49 of 2005, Motor Accident Claim Petition No. 58 of 2005.
A written statement was filed on behalf of the respondent No. 1 against the claim petitions under section 163 of the Motor Vehicles Act.
(3.)IN paragraph 11 of the written statement, it has been stated that the claimants have not produced the relevant documents i.e. Medical Bills, F.I.R., D.L., R.C. permit, tax return proof, insurance etc. in respect of the vehicle and was not in accordance with the policy of the insurance company. The insurance company has not specifically taken any plea with regard to the false licence and has only stated that the vehicle in question was being driven against the policy of the company.
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