DHARAM CHANDRA KATARE Vs. PARVATIYA
LAWS(MPH)-2000-3-91
HIGH COURT OF MADHYA PRADESH
Decided on March 02,2000

Dharam Chandra Katare Appellant
VERSUS
Parvatiya Respondents

JUDGEMENT

U.K. Agrawal, J. - (1.)This Misc. Appeal is directed against the judgment dated 28th April, 1998, passed in Workmen's Compensation Case No. 44/94 by Labour Court and Workmen's Compensation Commissioner, Shahdol, whereby the appellant-owner of Truck No. C.I.E. 1053 has been saddled with the liability to pay compensation to respondent No. 1 the wife of the deceased Ram Sahay, who died in motor accident with the said truck.
(2.)The grievance raised in this appeal is that, though the appellant has been saddled with the liability as above, yet the insurer of the vehicle, respondent No. 2, has been absolved from the liability to reimburse the appellant.
(3.)It has been submitted on behalf of the appellant that the said truck was duly insured by him with respondent No. 2. In the above context photocopy of Cover Note (Annexure A-l) and photocopy of policy document (Annexure A-2) has also been filed. It appears that in the Cover Note (Annexure A-l) the registration number of vehicle insured is mentioned as C.I.E. 1053 however, in the policy document (Annexure A-2) there is some overwriting in the registration number of the insured vehicle and it appears on perusal thereof that initially registration number of the vehicle was written as C.I.E. 1035 but by overwriting, it has been changed to C.I.E. 1053.


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