RELIANCE GENERAL INSURANCE CO LTD. Vs. GULABI DEVI

JUDGEMENT

(1.) THE present appeal has been preferred against the impugned award dated 30.07.2011, whereby Ld. Tribunal has awarded compensation for an amount of Rs.6,95,336/ - with interest @ 7.5% per annum from the date of filing of the Claim Petition, i.e., 13.01.2010 till the notice under Order 21 Rule 1 CPC is issued by the respondents (before Tribunal) in favour of the petitioner (before Tribunal).

(2.) INSTANT appeal has been filed mainly on the ground that the permit of the offending vehicle was not valid on the date of accident. Thus, there was breach of the terms and conditions of the insurance policy. In such eventuality, Ld. Tribunal ought to have exonerated the appellant from any liability or alternatively granted recovery rights in favour of the appellant and against respondent nos. 5 and 6.

(3.) IN addition, despite repeated opportunities, respondent no.5, driver of the offending vehicle has not been served. Due to which vide order dated 14.01.2013, cost of Rs.5,000/ - was imposed upon the appellant / Insurance Company. Thereafter vide order dated 06.11.2013, cost of Rs.15,000/ - further imposed upon the appellant / Insurance Company. Again vide order dated 07.02.2014 another cost of Rs.20,000/ - was imposed upon the appellant / insurance Company. Since the cost was not deposited by the appellant / Insurance Company, therefore, vide order dated 31.03.2014, further cost of Rs.25,000/ - was imposed upon them.