Dr. Kaushal Jayendra Thaker, J. - (1.) This appeal, at the behest of the New India Assurance Co. Ltd. (hereinafter referred to as 'Insurance Company'), raises a question of law whether the Workmen Compensation Commissioner/Additional Labour Commissioner, Meerut (hereinafter referred to as 'Authority') had the power of review.
(2.) Certain facts would be relevant before we advert to the legal aspect whether the Authority had any power of review. In this case, it is an admitted position of fact, though disputed by the Insurance Company, that the details of the policy number were given by the claimant in the claim application itself mentioning that the vehicle of which the deceased was employed was insured with the present appellant. Unfortunately, this fact without being properly verified, the Insurance Company filed a denial reply that is how the Authority saddled the liability on the owner only.
(3.) It was the duty of the Insurance Company to come out with clean hands which unfortunately was not done by the Insurance Company. The apex court in National Insurance Company Ltd. v. Jugal Kishor and Others, AIR 1988 SC 719 has held as follows: "The attitude of not filing copy of policy of insurance is worth mentioning. In this connection what is of significance is that the claimants for compensation under the Act are invariably not possessed of either the policy or a copy thereof. The Supreme Court has consistently emphasised that it is the duty of the party which is in possession of a document which would be helpful in doing justice in cause to produce the said document and such party should not be permitted to take shelter behind abstract doctrine of burden of proof. This duty is greater in the case the instrumentalities of the state such as the appellant Insurance Company who are under an obligation to act fairly. In many case even the owner of the vehicle for reasons known to him does not chose to produce the policy or a copy thereof. It has to be emphasised that in all such cases where the Insurance Company concerned wishes to take a defence in a claim petition that its liability is not in excess of the statutory liability it should file a copy of the insurance policy along with its defence. ";