SURESH KUMAR GUPTA Vs. ORIENTAL FIRE AND GENERAL INSURANCE CO

JUDGEMENT

(1.) BEING aggrieved by the impugned Award dated 13.12.1999, passed in MVC No. 201/99 old Claim Case No. 86/91, by Additional Motor Accident Claims Tribunal, Sihora, whereby a sum of Rs. 60,000/- has been awarded with interest @ 12% p.a. for a period of 6 years, present appeal has been filed. By the impugned Award, respondent No. 1 Insurance Co. has been exonerated.

(2.) LEARNED counsel for the appellant Shri Anil Lala, submits that in the claim petition it was alleged that the offending vehicle was insured with respondent No. 1 and this fact was not disputed by respondent No. 1. Learned counsel further submits that learned Tribunal has observed in para 11 of the Award that the burden to prove whether the offending vehicle was insured or not, was on the respondent No. 1 and the respondent No. 1 has failed to produce any evidence in that regard. Inspite of that, respondent No. 1 has been exonerated by the learned Tribunal illegally.