UNITED INDIA INSURANCE COLTD Vs. KIRAN SINGH

JUDGEMENT

(1.) THIS appeal by the appellant insurance company is directed against the judgment and award dated 23. 6. 2005 passed by First Addl. District judge-cum-Motor Accidents Claims tribunal, Jamshedpur in Compensation Case no. 134 of 2004 whereby he has awarded compensation to the claimants and directed the insurance company to pay the said amount.

(2.) THE brief facts of the case are as under: the claimants-respondents filed claim case and made application praying for payment of interim compensation for the death of Umesh Singh who died in a motor vehicle accident. According to the claimants, the deceased was proceeding by his cycle when a dumper bearing registration No. JH 05-B 5422 coming from opposite direction dashed against the cycle due to which the deceased succumbed to injuries. On being summoned by the Tribunal, the appellant appeared and contested the case by filing written statement taking a specific defence that the policy number mentioned in the claim application was not issued by any branch of the appellant insurance company. It was categorically denied that the dumper was insured with the appellant insurance company. Appellant further took a specific defence that the alleged policy is a fake and fabricated document and, therefore, the appellant insurance company is not liable to pay even interim compensation. The Tribunal in spite of specific defence taken by the insurance company, passed an order under section 140 of the Motor Vehicles act and directed the insurance company to pay the said amount holding that an order passed under section 140 of the Act is neither final nor can prejudice the case of the parties.

(3.) WHEN this appeal was taken up for hearing, this court had by its order dated 15. 2. 2008, directed the learned counsel appearing for the owner of the vehicle to seek instruction and file counter-affidavit annexing the copy of the policy by which the vehicle was insured. Again the matter was taken up on 27. 2. 2008, but no counter-affidavit was filed. This court allowed time to the respondents for filing copy of the original policy. The matter was again taken up on 10. 3. 2008, when similar order was passed directing the owner of the vehicle to file affidavit annexing copy of the policy.