- (1.) HEARD the parties.
(2.) THIS appeal by the Appellant -Insurance Company is directed against the award of interim compensation awarded by the Motor Vehicle Accident Claims Tribunal, Godda in Title Claim Case No. 47/05 and directed the Insurance Company to pay a sum of Rs. 50,000.00 . It appears that on 16.4.2005 the deceased was dashed by a truck bearing registration No. BR - 36 -2590 and the deceased died at the spot. The owner of the vehicle appeared and contested the case stating, inter alia that the vehicle was insured with the Appellant - United India Insurance Company Ltd. The appellant, who was respondent before the Tribunal also filed a written statement and contested the case. In paragraph No. 6 of the written statement although the Insurance Company stated that the policy filed in the case appears to have been issued by the United India Insurance Company Ltd. Ramgarh Branch, Hazaribagh but the said policy does not mention any number in the column certificate number is blank so verification is to be made. Taking into consideration the factum of accident and the stand taken by the Insurance Company the Tribunal prima facie held that vehicle was insured and accordingly the impugned award has been passed.
(3.) IT was seriously argued by the Counsel for the appellant that policy was not issued by the Appellant -Insurance Company from its Ramgarh Office and therefore the award against the appellant cannot be sustained in law. In order to satisfy ourselves by order dated 15.2.2007 the lower court record was called for and the Counsel appearing for the owner of the vehicle was directed to produce the original policy and the receipt showing payment of premium for the relevant period. In compliance of the aforesaid direction the owner of the vehicle filed affidavit annexing the original policy but stating that the receipt was lost. Mr. Lal learned Counsel for the appellant referred various documents and argued that the alleged original policy is a fake document and it was never issued.;