ORIENTAL INSURANCE CO. LTD. Vs. KAILASH MEHTA AND ORS.

JUDGEMENT

(1.) THIS appeal is directed against the award dated 26.6.1990 made by the learned Motor Accidents Claims Tribunal, Shillong, in M.A.C. Case No. 19 of 1988.

(2.) FACTS of the case in brief are that on 12.2.1984 one Sardanilal Mehta, husband of the respondent No. 1 and father of respondent Nos. 2, 3 and 4, was killed in a motor accident on the C.S. Road at Police Bazar, Shillong. Police found that the city bus bearing registration No. MLK 654 belonging to the respondent No. 5, Asha Rane Das Choudhary, was involved in the accident and the accident took place due to rash and negligent driving of the said vehicle. Police registered Shillong P.S. Case No. 33 (2) 84 under Sections 279/337/304A, Indian Penal Code, against the driver of the said vehicle. The respondent No. 1, Kailash Mehta, the widow of the deceased S.L. Mehta, on her behalf as well as on behalf of her minor children, made an application before the learned Motor Accidents Claims Tribunal, Shillong, on 14.10.1988 claiming compensation against the appellant insurance company as well as against the owner, namely, the respondent No. 5 for the death of her husband, S.L. Mehta, on 12.2.1984 in the accident.

(3.) IN the hearing, the claimant examined 9 witnesses including herself in support of her claim. The owner examined 3 witnesses to establish that the city bus bearing the registration No. MLS 654 might have been involved in the accident, but not the vehicle No. MLK 654 belonging to her. The appellant adduced no evidence. Although the learned Tribunal granted time to the appellant to produce copy of the insurance policy, the appellant failed to do so. The learned Tribunal thereafter by award dated 26.6.1990 held that the vehicle of the respondent No. 5 bearing registration No. MLK 654 was involved in the accident and that due to the rash and negligent driving of the vehicle the deceased was knocked down by it and was killed and determined the amount of compensation at Rs. 3,31,000/ - to be payable by the appellant, Oriental Insurance Co. Ltd., alone. After the award was made, the appellant filed an application for review of the award passed by the learned Tribunal contending that by order dated 11.12.1989, the appellant was given opportunity to produce the policy No. 31413/17/400/T/15/84 which was valid up to 19.7.1984. But the Shillong Branch of the appellant having code number 31418 and not 31413 appellant has to make correspondence with other concerned offices to locate the policy and to submit within the date fixed. But no reply was received, for which the appellant was unable to produce the same till 20.4.1990. During 1986 -87 office of the appellant at Shillong was shifted to the present building and old records were dumped in store room during the shifting. However, 2/3 days before filing of the review petition an officer of the appellant, while searching other documents, accidentally got the concerned papers relating to insurance of vehicle No. MLK 654 (bus) bearing policy No. 31413/0/201/MV/72/84 and certificate No. 31418/17/400/T/15/84 for the period from 20.1.1985 to 19.1.1986 with limited liability to cover a maximum amount of Rs. 50,000/ -. The appellant also annexed copy of the certificate of the policy to the application. The learned Tribunal by order dated 21.9.1990 admitted the application for review of the award on the condition that the appellant insurance company would deposit half of the awarded sum in the court within 30 days for causing payment to the claimant and failing which the application for review would automatically stand rejected. The appellant could not deposit 50 per cent of the amount of compensation within 30 days and as such the review application stood automatically rejected. The appellant has, thereafter, approached this court in this appeal.